Overton v. CMC East State Prison
Filing
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/15/11 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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MICHAEL L. OVERTON,
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Plaintiff,
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vs.
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WARDEN, CMC,
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No. CIV S-11-2955 CKD P
Defendant.
ORDER
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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. The federal venue statute requires that a civil action, other than one based
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on diversity jurisdiction, be brought only in “(1) a judicial district where any defendant resides, if
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all defendants reside in the same State, (2) a judicial district in which a substantial part of the
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events or omissions giving rise to the claim occurred, or a substantial part of property that is the
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subject of the action is situated, or (3) a judicial district in which any defendant may be found, if
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there is no district in which the action may otherwise be brought.” 28 U.S.C. § 1391(b).
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In this case, defendant does not reside in this district. The claim arose in San Luis
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Obispo County, which is in the Central District of California. Therefore, plaintiff’s claim should
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have been filed in the United States District Court for the Central District of California. In the
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interest of justice, a federal court may transfer a complaint filed in the wrong district to the
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correct district. See 28 U.S.C. § 1406(a); Starnes v. McGuire, 512 F.2d 918, 932 (D.C. Cir.
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1974). Therefore, this action will be transferred to the Central District.
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Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the
United States District Court for the Central District of California.
Dated: November 15, 2011
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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
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over2955.21
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