Kness v. Philips

Filing 3

ORDER, CASE TRANSFERRED to Central District of California, signed by Magistrate Judge Michael J. Seng on 12/26/2012. CASE CLOSED. (Marrujo, C)

1
2
3
4
5
6

IN THE UNITED STATES DISTRICT COURT

7

FOR THE EASTERN DISTRICT OF CALIFORNIA

8
9

ALLEN REED KNESS,

1:12-cv-02046-MJS (PC)
Plaintiff,

10
11

vs.

12

ORDER TRANSFERRING CASE TO THE
CENTRAL DISTRICT OF CALIFORNIA

PAUL M. PHILIPS,

13

Defendant.
/

14
15

Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to

16

42 U.S.C. § 1983, (Compl., ECF No. 1), together with an application to proceed in forma

17

pauperis pursuant to 28 U.S.C. § 1915. (Mot. IFP, ECF No. 2.)

18

The federal venue statute requires that a civil action, other than one based on

19

diversity jurisdiction, be brought only in “(1) a judicial district where any defendant resides,

20

if all defendants reside in the same state, (2) a judicial district in which a substantial part of

21

the events or omissions giving rise to the claim occurred, or a substantial part of the

22

property that is the subject of the action is situated, or (3) a judicial district in which any

23

defendant may be found, if there is no district in which the action may otherwise be

24

brought.” 28 U.S.C. § 1391(b).

25

In this case, none of the Defendants reside in this district. The claim arose in San

26

Luis Obispo County, which is in the Central District of California. Therefore, Plaintiff’s claim

27

should have been filed in the United States District Court for the Central District of

28

California. In the interest of justice, a federal court may transfer a complaint filed in the
-1-

1

wrong district to the correct district. See 28 U.S.C. § 1406(a); Starnes v. McGuire, 512

2

F.2d 918, 932 (D.C. Cir. 1974).

3

Accordingly, IT IS HEREBY ORDERED that:

4

1.

This matter is transferred to the United States District Court for the Central
District of California, and

5
2.

6

This Court has not ruled on Plaintiff's application to proceed in forma
pauperis.

7
8
9
10

IT IS SO ORDERED.
Dated:
12eob4

December 26, 2012

Michael J. Seng

/s/
UNITED STATES MAGISTRATE JUDGE

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-2-