Shaun Garland v. A. K. Skribner

U.S. Court of Appeals for the Ninth Circuit
Shaun Garland v. A. K. Skribner, 398 F. App'x 289 (9th Cir. 2010)
Wallace, Hawkins, Thomas

Shaun Garland v. A. K. Skribner

Opinion

MEMORANDUM **

The district court properly dismissed Shaun Darnell Garland’s (“Garland”) claims against defendant Lewis, without *290 prejudice, so that Garland could re-file them in the proper venue. See 28 U.S.C. § 1391(b) (“A civil action ... may ... be brought only in ... a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated ...”); see also Fed.R.Civ.P. 21 (permitting the court, on just terms, to drop a party).

Contrary to Garland’s contention, the district court did not err by denying his motion to transfer him from state to federal custody because he had already been transferred to a different state prison. See Dilley v. Gunn, 64 F.3d 1365, 1368 (9th Cir. 1995).

Garland’s remaining contentions are unpersuasive.

AFFIRMED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Reference

Full Case Name
Shaun Darnell GARLAND, Plaintiff-Appellant, v. A.K. SKRIBNER; Et Al., Defendants-Appellees
Status
Unpublished