Jason D. Keplinger v. Kern County, et al.

Summary

The court orders plaintiff to show cause why his § 1983 action should not be transferred from the Sacramento Division to the Fresno Division of the Eastern District of California. The court explains that the defendants and alleged events are primarily connected to Kern County and that transfer may be appropriate under 28 U.S.C. § 1404(a) and the court’s local rules.

Holdings

1. Venue was proper in the Eastern District of California because the State of California could be sued in any federal judicial district in California.
2. A district court may transfer an action sua sponte under 28 U.S.C. § 1404(a), but must first give the parties an opportunity to present their views.
3. The State of California is not a proper defendant for a claim under 42 U.S.C. § 1983 because states and state arms are not subject to suit under that statute in federal or state court.

Questions Presented

1. Whether venue was proper in the Eastern District of California under 28 U.S.C. § 1391(b).
2. Whether the court could sua sponte transfer the action to the Fresno Division under 28 U.S.C. § 1404(a) and Eastern District of California Local Rule 120(f).
3. Whether the State of California was a proper defendant in a 42 U.S.C. § 1983 action.

Disposition

other