Case 5:22-cv-00723-PA-E Document 3 Filed 05/02/22 Page 1 of 3 Page ID #:31

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 JESSE PEREZ, ) NO. ED CV 22-723-PA(E) ) 12 Plaintiff, ) ) 13 v. ) ORDER TO SHOW CAUSE ) 14 ROB BONTA, STATE ATTORNEY ) GENERAL, ET AL., ) 15 ) Defendants. ) 16 ______________________________) 17 18 Plaintiff, a state prisoner incarcerated in Kern Valley State 19 Prison, filed this civil rights action pursuant to

1983 on April 27, 2022. Defendants appear to be residents of the 21 Eastern District of California. Plaintiff complains of the fact and 22 the conditions of his confinement in Kern Valley State Prison, which 23 is located within the Eastern District of California. 24 25 Section 1391(b) of Title 28, United States Code, provides: 26 27 A civil action may be brought in -- 28 /// Case 5:22-cv-00723-PA-E Document 3 Filed 05/02/22 Page 2 of 3 Page ID #:32

1 (1) a judicial district in which any defendant resides, if 2 all defendants are residents of the State in which the 3 district is located; 4 5 (2) a judicial district in which a substantial part of the 6 events or omissions giving rise to the claim occurred, or a 7 substantial part of property that is the subject of the 8 action is situated; or 9 10 (3) if there is no district in which an action may otherwise 11 be brought as provided in this section, any judicial 12 district in which any defendant is subject to the court's 13 personal jurisdiction with respect to such action. 14 15 Here, it appears that Defendants reside in the Eastern District 16 of California, and that the events or omissions giving rise to 17 Plaintiff’s current purported claims1 allegedly occurred within the 18 Eastern District of California. 19 20 Section 1406(a) of Title 28, United States Code, provides: 21 22 The district court of a district in which is filed a 23 case laying venue in the wrong division or district 24 25 1 The Complaint includes wide ranging background 26 allegations dating back to the 1990’s. However, the gravamen of Plaintiff’s current purported claims concerns his present 27 incarceration in Kern Valley State Prison and Plaintiff’s desire to be transferred out of that prison and “back to the Juvenile 28 Justice Division of the CDCR.” 2 Case 5:22-cv-00723-PA-E Document 3 Filed 05/02/22 Page 3 of 3 Page ID #:33

1 shall dismiss, or if it be in the interest of justice, 2 transfer such case to any district or division in which 3 it could have been brought. 4 5 This Court has the power to decide the venue issue on its own 6 motion and to dismiss or transfer the action before a responsive 7 pleading is filed. See Costlow v. Weeks,

(9th 8 Cir. 1986). 9 10 Within thirty (30) days of the date of this Order, the parties 11 shall show cause in writing, if there be any, why this action should 12 not be transferred to the United States District Court for the Eastern 13 District of California on the ground that venue is improper in the 14 Central District of California. Failure timely to respond to this 15 Order to Show Cause may result in the transfer of the action. 16 17 DATED: May 2, 2022. 18 19 /S/ CHARLES F. EICK 20 UNITED STATES MAGISTRATE JUDGE 21 22 23 24 25 26 27 28 3