Federal Circuits, 9th Cir. (October 20, 1992)
Docket number: 92-15436
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Before BEEZER, CYNTHIA HOLCOMB HALL and WIGGINS, Circuit Judges.
MEMORANDUM**Frank Nunez Garcia, an Arizona state prisoner, appeals pro se the district court's order dismissing his 42 U.S.C. 1983 action as frivolous pursuant to 28 U.S.C. 1915(d) and enjoining him from filing further civil actions without leave of court. Garcia contends that the district court lacked jurisdiction over the action, which he had filed in Alabama district court, and erred by enjoining him from filing further actions. We have jurisdiction under 28 U.S.C. 1291, and we vacate the district court's order and remand for further proceedings.If jurisdiction is not founded solely on diversity jurisdiction, a civil action may be brought only in "(1) a judicial district where any defendant resides, if all defendants reside in the same State, (2) a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated, or (3) a judicial district in which any defendant may be found, if there is no district in which the action may otherwise be brought." 28 U.S.C. 1391(b). Here, the defendants do not all reside in the same state. The complaint makes claims based on events that occurred in Phoenix, Arizona. Accordingly, venue was proper in the United States District Court for the District of Arizona. See Id. The district court has discretion to reinforce the effects of the doctrines of collateral estoppel and res judicata by enjoining repetitive litigation. Moy v. United States, 906 F.2d 467, 469 (9th Cir.1990); Wood v. Santa Barbara Chamber of Commerce, Inc., 705 F.2d 1515, 1524 (9th Cir.1983), cert. denied,Try vLex for FREE for 3 days
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