Tyrone Wallace v. Federal Bureau of Prisons et al

Filing 4

ORDER signed by Magistrate Judge Dale A. Drozd on 03/17/09 ordering this court has not ruled on plaintiff's request to proceed IFP. CASE TRANSFERRED to the U.S. District Court, Central District of California. Original file, certified copy of transfer order, and docket sheet sent. CASE CLOSED. (Plummer, M) Modified on 3/18/2009 (Plummer, M). [Transferred from California Eastern on 3/18/2009.]

1 2 3 4 5 6 7 8 9 10 11 12 13 14 Defendants. 15 16 17 18 19 20 21 22 23 24 25 26 / Plaintiff, a federal prisoner proceeding pro se, has filed a civil rights action pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971), together with a request to proceed in forma pauperis. In light of 1996 amendments to 28 U.S.C. § 1915, this court will not rule on plaintiff's request to proceed in forma pauperis. The federal venue statute requires that a civil action, other than one based on diversity jurisdiction, be brought only in "(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 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). ///// 1 ORDER vs. FEDERAL BUREAU OF PRISONS, et al., IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA TYRONE WALLACE, Plaintiff, No. CIV S-09-0587 DAD P

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DAD:9:kly wall0587.21

In this case, none of the defendants reside in this district. The claim alleged arose in San Bernardino County, which is located in the Central District of California. Therefore, plaintiff's complaint should have been filed in the United States District Court for the Central District of California. In the interest of justice, a federal court may transfer a complaint filed in the wrong district to the correct district. See 28 U.S.C. § 1406(a); Starnes v. McGuire, 512 F.2d 918, 932 (D.C. Cir. 1974). Accordingly, IT IS HEREBY ORDERED that: 1. This court has not ruled on plaintiff's request to proceed in forma pauperis; and 2. This matter is transferred to the United States District Court for the Central District of California. DATED: March 17, 2009.

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