Le v. Sacramento Mental Health Treatment Center
2:24-cv-02224
| E.D. Cal. | Jun 24, 2024Background
- Khanh M. Le filed a lawsuit against Sacramento Mental Health Treatment Center and its employees, alleging rights violations related to an incident in Sacramento, California.
- The action was filed in the Western District of Washington, but all events and defendants are based in California.
- Le requested to proceed in forma pauperis (without paying court fees) and submitted a proposed complaint.
- The case was referred to Magistrate Judge David W. Christel for initial review as per local court procedure.
- No defendant has been served or appeared, and the Clerk’s Office has not attempted service.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Proper venue | Venue is appropriate in Washington (implied) | No argument presented | Venue is improper in Western District of Washington |
| Dismiss or transfer case | Case should proceed (implicit) | No argument presented | Transferring is preferable to dismissal |
| Timing of court’s action | Proceed now | No argument presented | Decision on IFP status and screening deferred |
| Screening of complaint | N/A | N/A | To be handled by transferee court |
Key Cases Cited
- Costlow v. Weeks, 790 F.2d 1486 (9th Cir. 1986) (court may raise venue issue sua sponte prior to responsive pleading)
- Thomas v. Arn, 474 U.S. 140 (1985) (failure to object waives right to appeal objections to magistrate’s report)
- Miranda v. Anchondo, 684 F.3d 844 (9th Cir. 2012) (waiver of objections to magistrate's findings applies to appeals)