Maestas v. Provencher et al
Filing
3
ORDER Transferring Case to the Central District of California, signed by Magistrate Judge Sheila K. Oberto on 11/1/11. (Verduzco, M)
<![CDATA[
1
2
3
4
5
6
7
8
IN THE UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11
DOMINIC MAESTAS,
12
1:11-cv-01792-SKO (PC)
Plaintiff,
13
vs.
14
ORDER TRANSFERRING CASE TO THE
CENTRAL DISTRICT OF CALIFORNIA
HENRY PROVENCHER, et al.,
15
16
17
Defendants.
/
Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42
18
U.S.C. § 1983. The federal venue statute requires that a civil action, other than one based on
19
diversity jurisdiction, be brought only in “(1) a judicial district where any defendant resides, if all
20
defendants reside in the same state, (2) a judicial district in which a substantial part of the events or
21
omissions giving rise to the claim occurred, or a substantial part of the property that is the subject of
22
the action is situated, or (3) a judicial district in which any defendant may be found, if there is no
23
district in which the action may otherwise be brought.” 28 U.S.C. § 1391(b).
24
In this case, none of the defendants reside in this district. The claim arose in San
25
Bernardino County, which is in the Central District of California. Therefore, plaintiff’s claim should
26
have been filed in the United States District Court for the Central District of California. In the
27
interest of justice, a federal court may transfer a complaint filed in the wrong district to the correct
28
district. See 28 U.S.C. § 1406(a); Starnes v. McGuire, 512 F.2d 918, 932 (D.C. Cir. 1974).
-1-
1
2
Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the United States
District Court for the Central District of California.
3
4
IT IS SO ORDERED.
5
Dated:
i0d3h8
November 1, 2011
/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-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?
