Bolin v. Brown et al

Filing 8

ORDER Transferring Action to Northern District of California signed by Magistrate Judge Gary S. Austin on 02/07/2012. (Flores, E)

1
2
3
4
5
6
7

IN THE UNITED STATES DISTRICT COURT FOR THE

8

EASTERN DISTRICT OF CALIFORNIA

9
10
11
12
13
14

PAUL BOLIN,

)
)
Plaintiff,
)
)
v.
)
)
EDMUND G. BROWN., et al.,
)
)
Defendants.
)
____________________________________)

1:12-cv-00077 LJO GSA PC
ORDER TRANSFERRING ACTION
TO NORTHERN DISTRICT OF
CALIFORNIA

15
16
Plaintiff is a state prisoner proceeding pro se in this civil rights action pursuant to 42
17
U.S.C. § 1983. Pending before the Court is Plaintiff’s complaint filed on January 17, 2012.
18
Plaintiff, an inmate in the custody of the California Department of Corrections and
19
Rehabilitation at San Quentin State Prison, brings this civil rights action against Governor
20
Edmund G. Brown and the justices of the California Supreme Court.
21
The federal venue statute requires that a civil action, other than one based on diversity
22
jurisdiction, be brought only in “(1) a judicial district where any defendant resides, if all
23
defendants reside in the same state, (2) a judicial district in which a substantial part of the events
24
or omissions giving rise to the claim occurred, or a substantial part of the property that is the
25
subject of the action is situated, or (3) a judicial district in which any defendant may be found, if
26
there is no district in which the action may otherwise be brought.” 28 U.S.C. § 1391(b).
27
In this case, none of the defendants reside in this district. Although unclear from the
28

1

allegations in the complaint, The claim arose in either Marin or San Francisco County, which are

2

in the Northern District of California. Therefore, plaintiff’s claim should have been filed in the

3

United States District Court for the Northern District of California. In the interest of justice, a

4

federal court may transfer a complaint filed in the wrong district to the correct district. See 28

5

U.S.C. § 1406(a); Starnes v. McGuire, 512 F.2d 918, 932 (D.C. Cir. 1974).

6
7

Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the United
States District Court for the Northern District of California.

8
9
10
11

IT IS SO ORDERED.
Dated:
j14hj0

February 7, 2012

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

2