Garcia v. George Bailey Correctional Facility
Filing
4
ORDER TRANSFERRING CASE to the United States District Court for the Southern District of California signed by Magistrate Judge Michael J. Seng on 5/27/2010. (Jessen, A)
<![CDATA[
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Defendants. 16 / 17 Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 18 42 U.S.C. § 1983. 19 The federal venue statute requires that a civil action, other than one based on diversity 20 jurisdiction, be brought only in "(1) a judicial district where any defendant resides, if all defendants 21 reside in the same state, (2) a judicial district in which a substantial part of the events or omissions 22 giving rise to the claim occurred, or a substantial part of the property that is the subject of the action 23 is situated, or (3) a judicial district in which any defendant may be found, if there is no district in 24 which the action may otherwise be brought." 28 U.S.C. § 1391(b). 25 In this case, none of the defendants reside in this district. The claim arose in San Diego 26 County, which is in the Southern District of California. Therefore, plaintiff's claim should have 27 been filed in the United States District Court for the Southern District of California. In the interest 28 -1vs. GEORGE BAILEY CORRECTIONAL FACILITY, STEPHEN GARCIA, Plaintiff, 1:10-cv-00857-MJS (PC) ORDER TRANSFERRING CASE TO THE SOUTHERN DISTRICT OF CALIFORNIA IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
of justice, a federal court may transfer a complaint filed in the wrong district to the correct district. See 28 U.S.C. § 1406(a); Starnes v. McGuire, 512 F.2d 918, 932 (D.C. Cir. 1974). Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the United States District Court for the Southern District of California.
IT IS SO ORDERED. Dated: ci4d6 May 27, 2010 /s/ UNITED STATES MAGISTRATE JUDGE
Michael J. Seng
-2-
]]>
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?
