Gardell Cowart v. Jaime Gustavo et al

Filing 2

ORDER TRANSFERRING CASE to the Central District of California signed by Magistrate Judge Jennifer L. Thurston on 1/8/2018. (Sant Agata, S) [Transferred from California Eastern on 1/10/2018.]

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 ORDER TRANSFERRING CASE TO THE CENTRAL DISTRICT OF CALIFORNIA Plaintiff, 13 14 1:18-cv-00020-JLT (PC) GARDELL COWART, v. JAIME GUSTAVO, et al., 15 Defendant. 16 The federal venue statute requires that a civil action, other than one based on diversity 17 18 jurisdiction, be brought only in A(1) a judicial district where any defendant resides, if all 19 defendants reside in the same state, (2) a judicial district in which a substantial part of the events 20 or omissions giving rise to the claim occurred, or a substantial part of the property that is the 21 subject of the action is situated, or (3) a judicial district in which any defendant may be found, if 22 there is no district in which the action may otherwise be brought.@ 28 U.S.C. ' 1391(b). 23 In this case, none of the defendants reside in this district. The claim arose in San 24 Bernardino County, which is in the Central District of California. Therefore, the plaintiff=s claim 25 should have been filed in the United States District Court for the Central District of California. In 26 the interest of justice, a federal court may transfer a complaint filed in the wrong district to the 27 correct district. See 28 U.S.C. ' 1406(a); Starnes v. McGuire, 512 F.2d 918, 932 (D.C. Cir. 28 1974). 1 1 2 Accordingly, the Court ORDERS that this matter is transferred to the United States District Court for the Central District of California. 3 4 5 IT IS SO ORDERED. Dated: January 8, 2018 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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