John Edward Daugherty v. R. K. Procunier, Director of the Department of Corrections

U.S. Court of Appeals for the Ninth Circuit
John Edward Daugherty v. R. K. Procunier, Director of the Department of Corrections, 456 F.2d 97 (9th Cir. 1972)
1972 U.S. App. LEXIS 11040
Chambers, Roelsch, Choy

John Edward Daugherty v. R. K. Procunier, Director of the Department of Corrections

Opinion

PER CURIAM:

John E. Daugherty, a California state prisoner, brought this civil action against the Director of the California Department of Corrections and certain prison wardens, guards, and administrators alleging deprivation of his civil rights. His complaint, which was filed in the Northern District of California, was dismissed for improper venue and failure to state a claim.

All the defendants reside in the Eastern District of California, and the claim *98 arose in that district. Under 28 U.S.C. § 1391(b), venue in non-diversity actions is proper “ . . . only in the judicial district where all defendants reside, or in which the claim arose . . .” Therefore, venue was improper in the Northern District, and the complaint should have been dismissed without prejudice to Daughtery’s renewing his suit in the proper district.

Affirmed.

Reference

Full Case Name
John Edward DAUGHERTY, Plaintiff-Appellant, v. R. K. PROCUNIER, Director of the Department of Corrections, Et Al., Defendants-Appellees
Cited By
2 cases
Status
Published