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.]

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TROY TERRELL MCNEAL,

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1:13-cv-00217 DLB (PC)

Plaintiff,

ORDER TRANSFERRING CASE TO
THE UNITED STATES DISTRICT
COURT OF ARIZONA

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vs.

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FLORENCE CORRECTIONAL CENTER, et
al.,

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Defendants.
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/
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Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42
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U.S.C. § 1983.
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The federal venue statute requires that a civil action, other than one based on diversity
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jurisdiction, be brought only in “(1) a judicial district where any defendant resides, if all defendants
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reside in the same state, (2) a judicial district in which a substantial part of the events or omissions
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giving rise to the claim occurred, or a substantial part of the property that is the subject of the action
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is situated, or (3) a judicial district in which any defendant may be found, if there is no district in
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which the action may otherwise be brought.” 28 U.S.C. § 1391(b).
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In this case, none of the defendants reside in this district. The claim arose in Pinal County,
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Arizona, which is in the District of Arizona. Therefore, Plaintiff’s claim should have been filed in the
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United States District Court of Arizona. In the interest of justice, a federal court may transfer a
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complaint filed in the wrong district to the correct district. See 28 U.S.C. § 1406(a); Starnes v.

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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 United States
District Court of Arizona.

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IT IS SO ORDERED.

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Dated:
9b0hie

February 13, 2013

/s/ Dennis L. Beck
UNITED STATES MAGISTRATE JUDGE

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