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United States District CourtFor the Northern District of CaliforniaUNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
ALFRED YARBOROUGH,
Plaintiff,
v.
ARNOLD SCHWARZENEGGER, etc.;
et al.,
Defendants.
/
No. C 06-7311 SI (pr)
ORDER OF DISMISSAL
Alfred Yarborough, an inmate at Centinela State Prison, filed this pro se civil rights
action under 42 U.S.C. § 1983, seeking damages and injunctive relief from Governor
Schwarzenegger and other unidentified defendants for allegedly unconstitutional conditions at
Centinela State Prison.
The Northern District of California is not a proper venue for this action because it appears
that none of the defendants reside in this district and no event or omission giving rise to the
complaint occurred in this district. The only identified defendant resides in the Eastern District
of California. The events or omissions that gave rise to the complaint occurred at Centinela
State Prison in Imperial County, within the venue of the Southern District of California. Venue
therefore may be proper in the Eastern District or the Southern District of California, but is not
proper in the Northern District. See 28 U.S.C. § 1391(b). An action filed in the wrong venue
may be dismissed or transferred to the proper venue. See 28 U.S.C. § 1406(a). Although the
Case 3:06-cv-07311-SI Document 3 Filed 11/30/2006 Page 1 of 2
Yaborough v. Schwarzenegger
Doc. 3
Dockets.Justia.com
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court frequently transfers prisoner cases to the proper venue when they have been filed in the
wrong venue, it will not do so here because there appear to be two districts in which the action
may be brought. The court will leave it to Yarborough to decide whe