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