U.S. Court of Appeals for the Ninth Circuit, 2010

Shaun Garland v. A. K. Skribner

Shaun Garland v. A. K. Skribner
U.S. Court of Appeals for the Ninth Circuit · Decided October 5, 2010 · Wallace, Hawkins, Thomas
398 F. App'x 289

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.

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