Kleinschmidt v. California Department of Corrections and Rehabilitation

Summary

The court addresses venue and the potential transfer of a prisoner civil rights action from the Sacramento Division to the Fresno Division of the Eastern District of California. The court explains that CDCR is not a proper defendant under 42 U.S.C. § 1983 and orders the plaintiff to show cause within twenty-one days why the case should not be transferred based on the alleged events at Pleasant Valley State Prison in Fresno County.

Holdings

1. A district court may transfer a case sua sponte under 28 U.S.C. § 1404(a), provided the parties are first given an opportunity to present their views.
2. Transfer to the Fresno Division appeared appropriate because Pleasant Valley State Prison is located in Fresno County and the alleged unlawful conduct occurred there.
3. The California Department of Corrections and Rehabilitation is not a proper defendant in a § 1983 action because the State and its arms, which traditionally enjoy Eleventh Amendment immunity, are not subject to suit under § 1983 in federal or state court.

Questions Presented

1. Whether the court should consider transferring the action sua sponte under 28 U.S.C. § 1404(a) and E.D. Cal. L.R. 120(f) from the Sacramento Division to the Fresno Division.
2. Whether the alleged facts support transfer because the relevant conduct occurred in Fresno County.
3. Whether California Department of Corrections and Rehabilitation is a proper defendant in a 42 U.S.C. § 1983 action.

Disposition

other