Owens v. Mukoro

Filing 3

ORDER TRANSFERRING Case to the Central District of California, signed by Magistrate Judge Barbara A. McAuliffe on 5/24/2013. CASE CLOSED. (Marrujo, C)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

RICHARD OWENS,

12
13
14

Plaintiff,

MUKORO,
Defendant.

16

18
19

ORDER TRANSFERRING CASE TO THE
CENTRAL DISTRICT OF CALIFORNIA

vs.

15

17

1:13-cv-00760-BAM (PC)

/
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

20

jurisdiction, be brought only in “(1) a judicial district in which any defendant resides, if all

21

defendants are residents of the State in which the district is located; (2) a judicial district in which a

22

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

23

property that is the subject of the action is situated; or (3) if there is no district in which an action

24

may otherwise be brought as provided in this section, any judicial district in which any defendant is

25

subject to the court’s personal jurisdiction with respect to such action.” 28 U.S.C. § 1391(b).

26

In this case, the defendant does not reside in this district. The claim arose in Los Angeles

27

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

28

filed in the United States District Court for the Central District of California. In the interest of
-1-

1

justice, a federal court may transfer a complaint filed in the wrong district to the correct district. See

2

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:
10c20k

May 24, 2013

/s/ Barbara A. McAuliffe
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-