Blackman v. Lozano et al

Filing 2

ORDER TRANSFERRING CASE to the Northern District of California, signed by Magistrate Judge Barbara A. McAuliffe on 3/28/2013. CASE CLOSED. (Marrujo, C)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 TONY BLACKMAN, 12 1:13-cv-00397-BAM (PC) Plaintiff, 13 vs. 14 ORDER TRANSFERRING CASE TO THE NORTHERN DISTRICT OF CALIFORNIA J. D. LOZANO, et al, 15 Defendants. 16 17 18 19 / Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42 U.S.C. § 1983. 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 in which any defendant resides, if all 21 defendants are residents of the State in which the district is located; (2) a judicial district in which a 22 substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of 23 property that is the subject of the action is situated; or (3) if there is no district in which an action 24 may otherwise be brought as provided in this section, any judicial district in which an defendant is 25 subject to the court’s personal jurisdiction with respect to such action.” 28 U.S.C. § 1391(b). 26 In this case, none of the defendants reside in this district. The claim arose in Monterey 27 County, which is in the Northern District of California. Therefore, plaintiff’s claim should have 28 been filed in the United States District Court for the Northern District of California. In the interest -1- 1 of justice, a federal court may transfer a complaint filed in the wrong district to the correct district. 2 See 28 U.S.C. § 1406(a); Starnes v. McGuire, 512 F.2d 918, 932 (D.C. Cir. 1974). 3 4 5 6 Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the United States District Court for the Northern District of California. IT IS SO ORDERED. Dated: 10c20k March 28, 2013 /s/ Barbara A. McAuliffe UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-