(PC) Wilson v. Castro ( 2024 )

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 GERALD J. WILSON, Case No. 24-cv-02050-HSG 8 Plaintiff, ORDER OF TRANSFER 9 v. 10 J. CASTRO, 11 Defendant. 12 13 Plaintiff, an inmate housed at Richard J. Donovan Correctional Facility in San Diego, 14 California has filed a pro se action, alleging that prison officials at Kern Valley State Prison 15 (“KVSP”) retaliated and discriminated against him, in violation of the federal Constitution, and 16 violated his rights under the Americans with Disabilities Act (“ADA”). Dkt. No. 1. Venue 17 generally is proper in a judicial district in which: (1) any defendant resides, if all defendants are 18 residents of the state in which the district is located; (2) a substantial part of the events or 19 omissions giving rise to the claim occurred, or a substantial part of property that is the subject of 20 the action is situated; or (3) any defendant is subject to the court’s personal jurisdiction, if there is 21 no district in which the action may otherwise be brought. 28 U.S.C. § 1391(b). The named 22 defendants likely reside in Kern County, where KVSP is located, and the events or omissions 23 giving rise to Plaintiff’s claim(s) also occurred at KVSP in Kern County. Kern County lies within 24 the venue of the Eastern District of California. See 28 U.S.C. § 84(b). Venue therefore properly 25 lies in the Eastern District.1 See id. § 1391(b). 26 1 It appears that Plaintiff filed this action in this district because he is a member of the Armstrong 27 class action, and because he alleges that Defendants’ actions or inactions violated the injunctions 1 Accordingly, IT IS ORDERED that, in the interest of justice and pursuant to 28 U.S.C. 2 § 1406(a), this action be TRANSFERRED to the United States District Court for the Eastern 3 District of California. The Clerk is directed to close the case. 4 IT IS SO ORDERED. 5 Dated: 5/6/2024 □ ° HAYWOOD S. GILLIAM, JR. 7 United States District Judge 8 9 10 11 12 15 16 17 Z 18 19 20 21 22 23 24 yp 95 || Armstrong action, not file a separate action. “Individual members of the class and other prisoners may assert any equitable or declaratory claims they have, but they must do so by urging further 26 || action through the class representative and attorney, including contempt proceedings, or by intervention in the class action.” Gillespie v. Crawford, 858 F.2d 1101, 1103 (Sth Cir. 1988) (en 97 || banc). Plaintiff may contact the Armstrong Plaintiffs’ class counsel at one of these two addresses: Donald Specter, Esq., Prison Law Office, 1917 Fifth Street, Berkeley, CA 94710, or Michael 28 William Bien, Esq., Rosen Bien Galvan & Grunfeld LLP, 101 Mission Street, 6th Floor, San Francisco, CA 94105-1738.