McNeal v. Florence Correctional Center et al
ORDER Transferring Case to the United States District Court of Arizona signed by Magistrate Judge Dennis L. Beck on 02/13/2013. CASE CLOSED. (Flores, E) [Transferred from caed on 2/14/2013.]
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
TROY TERRELL MCNEAL,
1:13-cv-00217 DLB (PC)
ORDER TRANSFERRING CASE TO
THE UNITED STATES DISTRICT
COURT OF ARIZONA
FLORENCE CORRECTIONAL CENTER, et
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
jurisdiction, be brought only in “(1) a judicial district where any defendant resides, if all defendants
reside in the same state, (2) a judicial district in which a substantial part of the events or omissions
giving rise to the claim occurred, or a substantial part of the property that is the subject of the action
is situated, or (3) a judicial district in which any defendant may be found, if there is no district in
which the action may otherwise be brought.” 28 U.S.C. § 1391(b).
In this case, none of the defendants reside in this district. The claim arose in Pinal County,
Arizona, which is in the District of Arizona. Therefore, Plaintiff’s claim should have been filed in the
United States District Court of Arizona. In the interest 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 of Arizona.
IT IS SO ORDERED.
February 13, 2013
/s/ Dennis L. Beck
UNITED STATES MAGISTRATE JUDGE
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