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(PC) Billa v. Tilton et al Doc.

Case 2:07-cv-01420-LKK-GGH Document 3 Filed 08/08/2007 Page 1 of 2

8 IN THE UNITED STATES DISTRICT COURT

9 FOR THE EASTERN DISTRICT OF CALIFORNIA

10 VIKRAM BILLA,

11 Plaintiff, No. CIV S-07-1420 LKK GGH P

12 vs.

13 JIM TILTON, et al.,

14 Defendants. ORDER

15 /

16 Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant

17 to 42 U.S.C. § 1983.

18 The federal venue statute requires that a civil action, other than one based on

19 diversity jurisdiction, be brought only in “(1) a judicial district where any defendant resides, if all

20 defendants reside in the same State, (2) a judicial district in which a substantial part of the events

21 or omissions giving rise to the claim occurred, or a substantial part of property that is the subject

22 of the action is situated, or (3) a judicial district in which any defendant may be found, if there is

23 no district in which the action may otherwise be brought.” 28 U.S.C. § 1391(b).

24 Venue of this action is technically appropriate in the Eastern District of California

25 because the Director of the California Department of Corrections and Rehabilitation (hereafter

26 “CDC Director”) resides in this district. Nevertheless, the court is transferring this action to the

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Case 2:07-cv-01420-LKK-GGH Document 3 Filed 08/08/2007 Page 2 of 2

1 Northern District of California pursuant to 28 U.S.C. § 1404(a) in the interests of justice for the

2 following reasons.

3 It is clear that plaintiff is suing the CDC Director solely in a respondeat superior

4 capacity. Additionally, plaintiff is seeking monetary damages only and has not stated a claim for

5 injunctive relief. As such, the CDC Director is subject to be dismissed from this 42 U.S.C.

6 § 1983 action. Fayle v. Stapley, 607 F.2d 858, 862 (9th Cir. 1979). Venue would then be

7 improper in this district because no defendant would be found here. Venue would also be

8 improper because the claims for which plaintiff seeks relief took place in the Northern District.

9 Thus, it is appropriate that those claims be litigated in that district.

10 IT IS THEREFORE ORDERED that this action is transferred to the Northern

11 District of California.

12 DATED: 8/8/07
/s/ Gregory G. Hollows
13
GREGORY G. HOLLOWS
14 UNITED STATES MAGISTRATE JUDGE

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