Blackman v. McCormick et al

Filing 2

ORDER, CASE TRANSFERRED to Northern District of California signed by Magistrate Judge Sandra M. Snyder on 09/27/2011. (Flores, E)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 TONY BLACKMAN, 12 1:11-cv-1615 SMS (PC) Plaintiff, 13 vs. 14 ORDER TRANSFERRING CASE TO THE NORTHERN DISTRICT OF CALIFORNIA McCORMICK, et al., 15 Defendants. 16 17 18 19 / Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42 U.S.C. § 1983. The federal venue statute requires that a civil action, other than one based on diversity 20 jurisdiction, be brought only in “(1) a judicial district where any defendant resides, if all defendants 21 reside in the same state, (2) a judicial district in which a substantial part of the events or omissions 22 giving rise to the claim occurred, or a substantial part of the property that is the subject of the action 23 is situated, or (3) a judicial district in which any defendant may be found, if there is no district in 24 which the action may otherwise be brought.” 28 U.S.C. § 1391(b). 25 In this case, none of the defendants reside in this district. The claim arose in Monterey 26 County, which is in the Northern District of California. Therefore, plaintiff’s claim should have 27 been filed in the United States District Court for the Northern District of California. In the interest 28 of justice, a federal court may transfer a complaint filed in the wrong district to the correct district. -1- 1 See 28 U.S.C. § 1406(a); Starnes v. McGuire, 512 F.2d 918, 932 (D.C. Cir. 1974). 2 3 Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the United States District Court for the Northern District of California. 4 5 IT IS SO ORDERED. Dated: cm411 September 27, 2011 /s/ Sandra M. Snyder 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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