Perez v. Unknown
Filing
2
ORDER Transferring Case To The Western District Of Texas 1 , signed by Magistrate Judge Sandra M. Snyder on 4/13/2009. CASE TRANSFERRED to District of Western District Of Texas, U.S. Courthouse, Room 219m, 511 E. San Antonio St., El Paso, TX 79901. Original file, certified copy of transfer order, and docket sheet sent. CASE CLOSED. (Scrivner, E)
<![CDATA[
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. (Doc. 1) UNKNOWN, et al., Defendants. / Plaintiff is a federal prisoner proceeding pro se and in forma pauperis in this civil action. 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 El Paso County, which is in the Western District of Texas. Therefore, plaintiff's claim should have been filed in the United States District Court for the Western District of Texas. 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). -1JOSE S. PEREZ, Plaintiff, 1:09-cv-00644-SMS (PC) ORDER TRANSFERRING CASE TO THE WESTERN DISTRICT OF TEXAS IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
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
Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the United States District Court for the Western District of Texas.
IT IS SO ORDERED. Dated: i0d3h8 April 13, 2009 /s/ Sandra M. Snyder 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?
