Ruben Herrera v. San Fernando Superior Courthouse et al

Filing 3

ORDER Transferring Case To The Central District of California, signed by Magistrate Judge Gary S. Austin on 2/5/2015. CASE TRANSFERRED to District of Central District of California. (Fahrney, E) [Transferred from California Eastern on 2/5/2015.]

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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1:15-cv-00185-GSA (PC)

RUBEN HERRERA,
Plaintiff,

ORDER TRANSFERRING CASE TO THE
CENTRAL DISTRICT OF CALIFORNIA

v.
SAN FERNANDO SUPERIOR
COURTHOUSE, et al.,
Defendants.

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Plaintiff, a state prisoner, is proceeding pro se with this civil rights complaint filed
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 A(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 Los Angeles
County, which is in the Central District of California. Therefore, plaintiff=s claim should have
been filed in the United States District Court for the Central District of California. In the interest
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of justice, a federal court may transfer a complaint filed in the wrong district to the correct

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district. See 28 U.S.C. ' 1406(a); Starnes v. 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 for the Central District of California.

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IT IS SO ORDERED.
Dated:

February 5, 2015

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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