Don Laflamme v. James H. Gomez

5 F.3d 537 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Don LaFLAMME, Plaintiff-Appellant, v. James H. GOMEZ; et al., Defendant-Appellee. No. 92-15788. United States Court of Appeals, Ninth Circuit. Submitted Sept. 1, 1993. * Decided Sept. 13, 1993. Appeal from the United States District Court for the Northern District of California, No. CV-92-00542-VRW; Vaughn R. Walker, District Judge, Presiding. N.D.Cal. VACATED AND REMANDED. Before: FLETCHER, POOLE, and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM ** 2 California state prisoner Donald LaFlamme appeals pro se the district court's dismissal based on improper venue of his 42 U.S.C. Sec. 1983 action. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we vacate and remand. 3 The district court dismissed LaFlamme's action under 28 U.S.C. Sec. 1406 (a) for improper venue because LaFlamme's complaint names defendants residing in the Eastern District of California and apparently arises from events occurring in that district.…