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K:\COMMON\EVERYONE\_EFILE-PROSE\DMS\06-1977-trf.wpd
06cv1977
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
REGINALD BROWN,
CDC #T-86504,
Civil No.
06-1977 DMS (NLS)
Plaintiff,
ORDER TRANSFERRING CIVIL
ACTION FOR LACK OF PROPER
VENUE TO THE CENTRAL
DISTRICT OF CALIFORNIA,
EASTERN DIVISION PURSUANT
TO 28 U.S.C. § 84(c)(1),
28 U.S.C. § 1391(b)
AND 28 U.S.C. § 1406(a)
vs.
D. OLLISON, et al.,
Defendants.
Plaintiff, a prisoner currently incarcerated at Centinela State Prison in Imperial, California,
filed a civil rights Complaint pursuant to 42 U.S.C. § 1983 in this Court on September 18, 2006.
Plaintiff claims that, while he was incarcerated at Ironwood State Prison, his constitutional rights
were violated by Ironwood prison officials. (Compl. at 1.)
Plaintiff did not prepay the $350 civil filing fee mandated by 28 U.S.C. § 1914(a); instead
Plaintiff has filed a Motion to Proceed In Forma Pauperis (“IFP”) pursuant to 28 U.S.C.
§ 1915(a) [Doc. No. 2].
/ / /
/ / /
/ / /
/ / /
Case 3:06-cv-01977-DMS-NLS Document 3 Filed 09/27/2006 Page 1 of 3
Brown v. Ollison et al
Doc. 3
Dockets.Justia.com
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K:\COMMON\EVERYONE\_EFILE-PROSE\DMS\06-1977-trf.wpd
06cv1977
I.
Lack of Proper Venue
Upon initial review of the Complaint, the Court finds that Plaintiff’s case lacks proper
venue. Venue may be raised by a court sua sponte where the defendant has not yet filed a
responsive pleading and the time for doing so has not run. Costlow v. Weeks, 790 F.2d 1486,
1488 (9th Cir. 1986). “A civil action wherein jurisdiction is not founded solely on diversity of
citizenship may, except as otherwise provided by law, be brought only in (1) a judicial district
where any defendant resides, if all defendants reside in the same State, (2) a judicial district in
which a substantial part of the events or omissions giving rise to the claim occurred, or a
substantial