McNeal v. Florence Correctional Center et al

Filing 2

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.]

Download PDF
1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 TROY TERRELL MCNEAL, 12 1:13-cv-00217 DLB (PC) Plaintiff, ORDER TRANSFERRING CASE TO THE UNITED STATES DISTRICT COURT OF ARIZONA 13 vs. 14 FLORENCE CORRECTIONAL CENTER, et al., 15 Defendants. 16 / 17 Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42 18 U.S.C. § 1983. 19 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 where any defendant resides, if all defendants 21 reside in the same state, (2) a judicial district in which a substantial part of the events or omissions 22 giving rise to the claim occurred, or a substantial part of the property that is the subject of the action 23 is situated, or (3) a judicial district in which any defendant may be found, if there is no district in 24 which the action may otherwise be brought.” 28 U.S.C. § 1391(b). 25 In this case, none of the defendants reside in this district. The claim arose in Pinal County, 26 Arizona, which is in the District of Arizona. Therefore, Plaintiff’s claim should have been filed in the 27 United States District Court of Arizona. In the interest of justice, a federal court may transfer a 28 -1- 1 complaint filed in the wrong district to the correct district. See 28 U.S.C. § 1406(a); Starnes v. 2 McGuire, 512 F.2d 918, 932 (D.C. Cir. 1974). 3 4 Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the United States District Court of Arizona. 5 6 IT IS SO ORDERED. 7 Dated: 9b0hie February 13, 2013 /s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE 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?