Aguiar v. Burt
Filing
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ORDER signed by Magistrate Judge Dale A. Drozd on 6/14/11 ORDERING that this case is TRANSFERRED to the Central District of California.(Dillon, M)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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FRANK AGUIAR,
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Plaintiff,
Defendant.
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ORDER
vs.
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No. CIV S-11-1496 DAD P
J. BURT,
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Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant
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to 42 U.S.C. § 1983. Plaintiff has neither paid the filing fee for this action nor filed an
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application to proceed in forma pauperis.
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The federal venue statute requires that a civil action, other than one based on
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diversity jurisdiction, be brought only in “(1) a judicial district where any defendant resides, if all
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defendants reside in the same State, (2) a judicial district in which a substantial part of the events
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or omissions giving rise to the claim occurred, or a substantial part of property that is the subject
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of the action is situated, or (3) a judicial district in which any defendant may be found, if there is
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no district in which the action may otherwise be brought.” 28 U.S.C. § 1391(b).
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In this case, the defendant is located and the claim arose in Riverside County,
which is in the Central District of California. Therefore, plaintiff’s claim should have been filed
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in the United States District Court for the Central District of California. In the interest of justice,
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a federal court may transfer a complaint filed in the wrong district to the correct district. See 28
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U.S.C. § 1406(a); Starnes v. McGuire, 512 F.2d 918, 932 (D.C. Cir. 1974).
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Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the
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United States District Court for the Central District of California.
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DATED: June 14, 2011.
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DAD:12mp
agui1496.21a
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