Sloan v. Asuncion et al

Filing 4

ORDER Transferring Case to the Northern District of California signed by Magistrate Judge Gary S. Austin on 05/23/2013. (Flores, E)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOHNNY LEE SLOAN,

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Plaintiff,

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ORDER TRANSFERRING CASE TO THE
NORTHERN DISTRICT OF CALIFORNIA

vs.
D. ASUNCION, et al.,

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Defendants.

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/

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1:13-cv-00735 GSA (PC)

Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42 U.S.C.
§ 1983.

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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 where any defendant resides, if all defendants

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reside in the same state, (2) a judicial district in which a substantial part of the events or omissions

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giving rise to the claim occurred, or a substantial part of the property that is the subject of the action is

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situated, or (3) a judicial district in which any defendant may be found, if there is no district in which

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the action may otherwise be brought.” 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 County,

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

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

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///
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court may transfer a complaint filed in the wrong district to the correct district. See 28 U.S.C. § 1406(a);

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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.

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IT IS SO ORDERED.

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Dated:
220hhe

May 23, 2013

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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