John C. Rodriguez v. R. Madden

I. Background

On August 5, 2022, pro se Plaintiff John C. Rodriguez filed a Complaint (“Compl.”) asserting a claim under 42 U.S.C. § 1983 against Defendant R. Madden and Defendant Valencia (collectively, “Defendants”). (See generally Dkt. 1.) Defendant Madden is the warden of the Richard J. Donovan Correctional Facility. (Id.) Defendant Valencia is a correctional officer at the same facility. (Id.) Plaintiff alleges Defendants violated his Eighth Amendment right against cruel and unusual punishment based on a December 14, 2020, incident when Plaintiff fell down the stairs at the Richard J. Donovan Correctional Facility. (Id. at 4.)

Based on the allegations of the Complaint, the court observes that the events underlying Plaintiff’s claim appear to have occurred entirely at the Richard J. Donovan Correctional Facility. (See generally Compl.) A court has the authority to raise the issue of improper venue on its own motion where the issue of venue has not been waived. Costlow v. Weeks, 790 F.2d 1486, 1488 (9th Cir. 1986). The court sua sponte takes judicial notice under Federal Rule of Evidence 201 that the Richard J. Donovan Correctional Facility is located in San…