(PC) Ryland v. Director of Federal Bureau of Prison(s) ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 CORY R. RYLAND, 1:23-cv-01307-GSA-PC 12 Plaintiff, ORDER TRANSFERRING CASE TO UNITED STATES DISTRICT COURT 13 vs. FOR THE WESTERN DISTRICT OF VIRGINIA 14 DIRECTOR OF FEDERAL BUREAU OF PRISONS, et al., 15 Defendants. 16 17 18 I. BACKGROUND 19 Cory R. Ryland (“Plaintiff”) is a federal prisoner proceeding pro se with this civil rights 20 action filed pursuant to Bivens vs. Six Unknown Agents, 403 U.S. 388 (1971). Plaintiff filed the 21 Complaint commencing this action on September 1, 2023 at the United States District Court for 22 the Eastern District of California, Fresno Division. (ECF No. 1.) 23 II. VENUE 24 “For the convenience of parties and witnesses, in the interest of justice, a district court 25 may transfer any civil action to any other district or division where it might have been brought.” 26 28 U.S.C. § 1404(a). The federal venue statute requires that “a civil action may be brought in -- 27 (1) a judicial district where any defendant resides, if all defendants are 28 residents of the State in which the district is located; 1 (2) a judicial district in which a substantial part of the events or omissions 2 giving rise to the claim occurred, or a substantial part of property that is 3 the subject of the action is situated; or 4 (3) if there is no district in which an action may otherwise be brought as 5 provided in this section, any judicial district in which any defendant is 6 subject to the court’s personal jurisdiction with respect to such action. ” 7 28 U.S.C. § 1391(b). 8 In this case, none of the defendants named in the Complaint reside in this district. The 9 claims arose at USP Lee in Pennington Gap, Virginia, located in Lee County, which is in the 10 Western District of Virginia. Therefore, Plaintiff’s claims are properly brought in the United 11 States District Court for the Western District of Virginia. 12 III. CONCLUSION 13 Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the United 14 States District Court for the Western District of Virginia. 15 IT IS SO ORDERED. 16 17 Dated: September 7, 2023 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27 28