Marcellus Alexander Greene v. Los Angeles Sheriff's Department et al
Filing
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ORDER Transferring Case to the Central District of California, signed by Magistrate Judge Stanley A. Boone on 11/14/16. (Hellings, J) [Transferred from California Eastern on 11/16/2016.]
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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1:16-cv-01669-SAB (PC)
MARVELLOUS AFRIKAN WARRIOR,
Plaintiff,
ORDER TRANSFERRING CASE TO THE
CENTRAL DISTRICT OF CALIFORNIA
v.
LOS ANGELES SHERIFF’S
DEPARMTNET, et al.,
Defendant.
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Plaintiff is a state prisoner proceeding in forma pauperis pursuant to 42 U.S.C. § 1983.
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Plaintiff initiated this action on November 3, 2016. (ECF No. 1.) Plaintiff also filed a motion to
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proceed in forma paupers pursuant to 28 U.S.C. § 1915 that same day. (ECF No. 2.)
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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
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defendants reside in the same state, (2) a judicial district in which a substantial part of the events
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or omissions giving rise to the claim occurred, or a substantial part of the property that is the
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subject of the action is situated, or (3) a judicial district in which any defendant may be found, if
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there is no district in which the action may otherwise be brought.” 28 U.S.C. § 1391(b).
In this case, Plaintiff asserts claims against the Los Angeles County Sheriff’s Department
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and Keefe Commissary Network Sales, concerning events while he was held in custody in Los
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Angeles County. Thus, none of the defendants reside in this district, and Plaintiff’s claim arose in
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Los Angeles 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
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district to the correct district. See 28 U.S.C. § 1406(a) (when a case has been filed in the wrong
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district, the “district shall dismiss, or if it be in the interest of justice, transfer such case to any
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district or division in which it could have been brought”). Additionally Local Rule 120(f),
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provides that a civil action which has not been commenced in the proper court may, on the court’s
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own motion, be transferred to the proper court.
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Therefore, this action will be transferred to the United States District Court for the Central
District of California. This court will not rule on Plaintiff’s request to proceed in forma pauperis.
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Accordingly IT IS HEREBY ORDERED that:
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This action is this case is transferred to the United States District Court for the
Central District of California; and
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2.
This court has not ruled on Plaintiff’s request to proceed in forma pauperis.
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IT IS SO ORDERED.
Dated:
November 14, 2016
UNITED STATES MAGISTRATE JUDGE
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