Iseli v. State of California

• Court: District Court, S.D. California
• Decided: August 14, 2024
• Docket: 3:24-cv-00523
• Status: Unknown

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 BRANDON WILLIS ISELI, Case No.: 24cv0523-JO (DDL)

12 Plaintiff,

13 vs. ORDER DISMISSING COMPLAINT 14 THE STATE OF CALIFORNIA, et al., 15 Defendants. 16 17 18 19 20 Brandon Willis Iseli (“Plaintiff”), a state prisoner currently incarcerated at Pelican 21 Bay State Prison in Crescent City, California, has filed a civil rights action pursuant to 42 22 U.S.C. § 1983. Dkt. 1 (“Compl.”). 23 The Court dismisses his complaint because Plaintiff has neither paid the filing fee 24 nor filed a motion to proceed in forma pauperis (“IFP”). See 28 U.S.C. § 1914(a); Andrews 25 v. Cervantes, 493 F.3d 1047, 1051 (9th Cir. 2007) (establishing that an action may proceed 26 despite a plaintiff’s failure to prepay the entire fee only if he is granted leave to proceed 27 IFP). 28 The Court also dismisses this action because this Court is not the proper venue for | ||his action. A civil action may be brought in “(1) a judicial district in which any defendant 2 || resides, if all defendants are residents of the State in which the district is located” or (2) “‘a 3 || judicial district in which a substantial part of the events or omissions giving rise to the 4 |lclaim” occurred. 28 U.S.C. § 1391(b); Costlow v. Weeks, 790 F.2d 1486, 1488 (9th Cir. 5 || 1986). Here, Plaintiff's complaint alleges that all Defendants reside in San Joaquin County 6 || and that all the acts which violated his rights occurred in Stockton, California—also in San 7 || Joaquin County. See Compl. at 2. Because he neither alleges acts occurring within nor 8 || brings claims against defendants residing in the Southern District of California, venue is 9 proper here. See 28 U.S.C. § 1391(b); Costlow, 790 F.2d at 1488 (explaining that venue 10 ||may be raised by the Court sua sponte where the defendant has not yet filed a responsive 11 || pleading). 12 Accordingly, the Court DISMISSES this civil action sua sponte without prejudice 13 refiling in the proper venue. The Clerk of the Court is ordered to CLOSE this case. 14 IT IS SO ORDERED. 15 16 Qe 17 18 Dated: August 13, 2024 Hon. Jinsook Ohta 19 United States District Judge 20 21 22 23 24 25 26 27 28 2