Opinion
No. C 03-3490 MMC (PR)
August 11, 2003
ORDER OF TRANSFER
This is an action filed by a pro se prisoner incarcerated in state prison in Arizona. He sues numerous federal, state and county entities and individuals located in Arizona, based on constitutional violations alleged to have taken place in Arizona.
Venue may be raised by the court sua sponte where the defendant has not yet filed a responsive pleading and the time for doing so has not run.See Costlow v. Weeks, 790 F.2d 1486, 1488 (9th Cir. 1986). When jurisdiction is not founded solely on diversity, venue is proper in (1) the district in which any defendant resides, if all of the defendants reside in the same state; (2) the district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of the property that is the subject of the action is situated; or (3) a judicial district in which any defendant may be found, if there is no district in which the action may otherwise be brought. See 28 U.S.C. § 1391 (b). When venue is improper, the district court has the discretion to either dismiss the case or transfer it "in the interest of justice." See 28 U.S.C. § 1406 (a).
As noted, plaintiffs claims arise out of actions alleged to have been committed in Arizona, by entities and individuals residing in Arizona. Accordingly, in the interest of justice. this action is hereby TRANSFERRED to the United States District Court for the District of Arizona
The Clerk is directed to transfer the action forthwith and to terminate all pending motions from this Court's docket.