Blackman v. Mazariego et al

Filing 4

ORDER, CASE TRANSFERRED to the Northern of CA. Transmittal & docket sheet sent. CASE CLOSED signed by Judge William M. Wunderlich on 12/7/6. (Kusamura, W)

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(PC) Blackman v. Mazariego et al Doc. 4 Case 1:06-cv-01682-AWI-WMW Document 4 Filed 12/08/2006 Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 Plaintiff, 13 vs. 14 OFFICER E. MAZARIEGO, et al., 15 Defendants. 16 17 18 19 20 21 22 23 24 25 26 27 28 / Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42 U.S.C. 1983, together with a request to proceed in forma pauperis pursuant to 28 U.S.C. 1915. 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 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 at Salinas Valley State Prison located in Monterey County, which is in the Northern District of California. Therefore, plaintiff's claim should have been filed in the United States District Court for the Northern District of California. In the interest of justice, a federal court may transfer a complaint filed in the wrong 1 ORDER TRANSFERRING CASE TONY BLACKMAN, 1:06-CV-01682-AWI-WMW-P IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA Dockets.Justia.com Case 1:06-cv-01682-AWI-WMW Document 4 Filed 12/08/2006 Page 2 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 this matter is transferred to the United States District Court for the Northern District of California. IT IS SO ORDERED. Dated: j14hj0 December 7, 2006 /s/ William M. Wunderlich UNITED STATES MAGISTRATE JUDGE 2

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