Borash v. Yakima Competency Restoration Center ( 2021 )

THE HONORABLE JOHN C. COUGHENOUR 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE 9 MICHAEL ANTHONY DOUGLAS BORASH, CASE NO. C21-1633-JCC 10 Plaintiff, ORDER 11 v. 12 YAKIMA COMPETENCY RESTORATION CENTER and RON GANGLER, 13 Defendants. 14 15 This matter comes before the Court sua sponte. On December 8, 2021, the Honorable S. 16 Kate Vaughan, United States Magistrate Judge, granted Plaintiff’s motion to proceed in forma 17 pauperis and recommended the Court review the complaint under 28 U.S.C. § 1915(e)(2)(B) 18 before issuing a summons. (Dkt. No. 3 at 1.) 19 The Court understands Plaintiff’s complaint to allege that, while undergoing treatment at 20 the Yakima Competency Restoration Center, Plaintiff was subjected to cruel and unusual 21 punishment by Ron Gangler. (See generally Dkt. No. 4.) Liberally construed, this may be 22 grounds for a cause of action under 42 U.S.C. § 1983. See Hebbe v. Pliler, 627 F.3d 338, 342 23 (9th Cir. 2010). But based on the Court’s reading of the complaint, it would appear that none of 24 the defendants reside within this judicial district and that a substantial part of the events giving 25 26 1 rise to Plaintiff’s claims occurred within the Eastern District of Washington. Therefore, venue 2 for this case is not proper in this Court. See 28 U.S.C. § 1391. 3 Pursuant to 28 U.S.C. § 1406(a), the Court DISMISSES this case without prejudice. 4 Plaintiff is free to refile this case in an appropriate venue, such as the United States District Court 5 for the Eastern District of Washington. 6 DATED this 9th day of December 2021. A 7 8 9 John C. Coughenour 10 UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26