Johnson v. Cahan et al
Filing
3
ORDER, CASE TRANSFERRED to District of CA/Northern. Original file, certified copy of transfer order, and docket sheet sent. CASE CLOSED signed by Judge William M. Wunderlich on 12/17/2007. (Flores, E)
<![CDATA[
(PC) Johnson v. Cahan et al
Doc. 3
Case 1:07-cv-01815-AWI-WMW
Document 3
Filed 12/17/2007
Page 1 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 vs. JAMES S. CAHAN, Defendants. / Plaintiff, a civil detainee 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 in Santa Clara 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 -1JOSEPH JOHNSON, JR., Plaintiff, 1:07-cv-1815 AWI-WMW (PC) ORDER TRANSFERRING CASE TO THE NORTHERN DISTRICT OF CALIFORNIA IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
Dockets.Justia.com
Case 1:07-cv-01815-AWI-WMW
Document 3
Filed 12/17/2007
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
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 this matter is transferred to the United States District Court for the Northern District of California. IT IS SO ORDERED. Dated: j14hj0 December 17, 2007 /s/ William M. Wunderlich UNITED STATES MAGISTRATE JUDGE
-2-
]]>
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?
