Hunt v. Carouso

Filing 4

ORDER, CASE TRANSFERRED to District of Northern District of California signed by Judge Sandra M. Snyder on 06/29/07; CASE CLOSED. (Verduzco, M)

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(PC) Hunt v. Carouso Doc. 4 Case 1:07-cv-00916-OWW-SMS Document 4 Filed 06/29/2007 Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Plaintiff, a civil detainee proceeding pro se, has filed a civil rights action pursuant to 42 17 U.S.C. 1983, together with a request to proceed in forma pauperis pursuant to 28 U.S.C. 1915. 18 The federal venue statute requires that a civil action, other than one based on diversity 19 jurisdiction, be brought only in "(1) a judicial district where any defendant resides, if all defendants 20 reside in the same state, (2) a judicial district in which a substantial part of the events or omissions 21 giving rise to the claim occurred, or a substantial part of the property that is the subject of the action 22 is situated, or (3) a judicial district in which any defendant may be found, if there is no district in 23 which the action may otherwise be brought." 28 U.S.C. 1391(b). 24 In this case, none of the defendants reside in this district. The claim arose in Napa County, 25 which is in the Northern District of California. Therefore, plaintiff's claim should have been filed in 26 the United States District Court for the Northern District of California. In the interest of justice, a 27 federal court may transfer a complaint filed in the wrong district to the correct district. See 28 28 1 vs. CARMEN CAROUSO, Defendant. / ARMEL HUNT, Plaintiff, ORDER TRANSFERRING CASE 1:07-cv-00916-OWW-SMS (PC) IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA Dockets.Justia.com Case 1:07-cv-00916-OWW-SMS Document 4 Filed 06/29/2007 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 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: i0d3h8 June 29, 2007 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE 2

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