Robert Lamount Crossley v. Correctional Officer Diaz Garcia, et al.

Crossley · United States District Court for the Central District of California · January 5, 2026 · No. 5:25-cv-3618 FLA (DSR)

Summary

The United States District Court for the Central District of California ordered Plaintiff Robert Lamount Crossley to show cause why his civil rights action should not be transferred to the Eastern District of California. The court determined that the alleged events occurred at Kern Valley State Prison in Kern County and that the defendants were located there, making venue appear proper in the Eastern District of California under 28 U.S.C. §§ 1391(b) and 1406(a). Plaintiff was directed to respond by January 20, 2026, or the action would be transferred.

Holdings

  1. Based on the allegations in the complaint, there appeared to be no basis for venue in the Central District of California because the defendants and the events underlying the claims were located in Kern County, within the Eastern District of California.
  2. A federal court may transfer a complaint filed in the wrong judicial district to the correct district in the interest of justice under 28 U.S.C. § 1406(a).

Questions Presented

  1. Whether the allegations established a basis for venue in the Central District of California.
  2. Whether the action should be transferred to the Eastern District of California under 28 U.S.C. § 1406(a) if venue was improper.
  3. Whether Plaintiff should be given an opportunity to show cause why the action should not be transferred.

Disposition

other

Cases Cited (1)

  • Ravelo Monegro v. Rosa, 211 F.3d 509, 512 (9th Cir. 2000)(followed)

Cited In (0)

No citing cases on record yet.

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