Kurt Johnson v. Jeysen Relves et al

Filing 5

ORDER signed by Magistrate Judge John F. Moulds on 2/6/13 ORDERING that this case is TRANSFERRED to the Central District of California.(Dillon, M) [Transferred from California Eastern on 2/7/2013.]

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KURT JOHNSON,

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Plaintiff,

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No. 2:13-cv-0144 JFM (PC)

vs.
JEYSEN RELVES, et al.,

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Defendants.

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ORDER
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Plaintiff, a federal prisoner proceeding pro se, has filed a civil rights action

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alleging claims under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics,

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403 U.S. 388 (1971). Plaintiff has filed an application to proceed in forma pauperis pursuant to

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28 U.S.C. § 1915. This court will not rule on plaintiff’s application to proceed in forma

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pauperis.

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The federal venue statute provides that a civil action “may be brought in (1) a

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judicial district in which any defendant resides, if all defendants are residents of the State in

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which the district is located, (2) a judicial district in which a substantial part of the events or

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omissions giving rise to the claim occurred, or a substantial part of property that is the subject of

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the action is situated, or (3) if there is no district in which an action may otherwise be brought as

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provided in this action, any judicial district in which any defendant is subject to the court’s

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personal jurisdiction with respect to such action.” 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

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Santa Barbara County, which is in the Central District of California. Therefore, plaintiff’s claim

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should have been filed in the United States District Court for the Central District of California.

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In the 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).

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Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the

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United States District Court for the Central District of California.

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DATED: February 6, 2013.

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john0144.21

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