Opinion
No. C 03-1873 SI (pr)
August 12, 2003
JUDGMENT
This action is dismissed without prejudice for failure to file the action in the proper venue.
IT IS SO ORDERED AND ADJUDGED.
ORDER OF DISMISSAL
James Ryan Otano, an inmate at the California Medical Facility in Vacaville, filed this pro se civil rights action under 42 U.S.C. § 1983. On June 18, 2003, the court issued an order for amendment to complaint to address an apparent venue problem in the case. Plaintiff was ordered to file an amendment to the complaint no later than July 3, 2003 and was cautioned that "[f]ailure to file the amendment by the deadline will be construed as a concession that the Northern District of California is not the right venue for this action and that this action should be dismissed as filed in an improper venue." Plaintiff did not file an amendment to his complaint and the deadline by which to do so has passed. Mail sent to plaintiff at his only known address has been returned undelivered. For the foregoing reasons, this action is DISMISSED because it was not filed in the proper venue. See 28 U.C. §§ 1391(b), 1406(a). This dismissal is without prejudice to plaintiff filing a new action in the proper venue.
IT IS SO ORDERED.