Neufeld v. Odom, et al.

Filing 3

ORDER transferring case to the Central District of California signed by Magistrate Judge Gary S. Austin on 10/18/2012. CASE CLOSED.(Lundstrom, T)

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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 WILLIAM JOSEPH NEUFELD, JR., 12 1:12-cv-01689 GSA (PC) Plaintiff, 13 vs. 14 ORDER TRANSFERRING CASE TO THE CENTRAL DISTRICT OF CALIFORNIA J. ODOM, et al., 15 Defendants. 16 / 17 18 Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42 U.S.C. § 1983. 19 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 San Luis 26 Obispo County, which is in the Central District of California. Therefore, plaintiff’s claim should 27 have been filed in the United States District Court for the Central District of California. In the 28 /// -1- 1 interest of justice, a federal court may transfer a complaint filed in the wrong district to the correct 2 district. See 28 U.S.C. § 1406(a); Starnes v. McGuire, 512 F.2d 918, 932 (D.C. Cir. 1974). 3 4 5 6 Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the United States District Court for the Central District of California. IT IS SO ORDERED. Dated: 220hhe October 18, 2012 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 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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