Blackman v. Lozano et al
Filing
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ORDER TRANSFERRING CASE to the Northern District of California, signed by Magistrate Judge Barbara A. McAuliffe on 3/28/2013. CASE CLOSED. (Marrujo, C)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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TONY BLACKMAN,
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1:13-cv-00397-BAM (PC)
Plaintiff,
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vs.
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ORDER TRANSFERRING CASE TO THE
NORTHERN DISTRICT OF CALIFORNIA
J. D. LOZANO, et al,
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Defendants.
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/
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
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jurisdiction, be brought only in “(1) a judicial district in which any defendant resides, if all
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defendants are residents of the State in which the district is located; (2) a judicial district in which a
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substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of
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property that is the subject of the action is situated; or (3) if there is no district in which an action
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may otherwise be brought as provided in this section, any judicial district in which an defendant is
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subject to the court’s personal jurisdiction with respect to such action.” 28 U.S.C. § 1391(b).
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In this case, none of the defendants reside in this district. The claim arose in Monterey
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County, which is in the Northern District of California. Therefore, plaintiff’s claim should have
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been filed in the United States District Court for the Northern District of California. In the interest
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of justice, a federal court may transfer a complaint filed in the wrong district to the correct district.
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See 28 U.S.C. § 1406(a); Starnes v. McGuire, 512 F.2d 918, 932 (D.C. Cir. 1974).
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Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the United States
District Court for the Northern District of California.
IT IS SO ORDERED.
Dated:
10c20k
March 28, 2013
/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE
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