Arizpe v. United States of America et al

Filing 2

ORDER TRANSFERRING Case to the Central District of California, signed by Magistrate Judge Gary S. Austin on 7/22/2013. (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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OMAR ARIZPE,

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1:13-cv-01085 GSA (PC)
Plaintiff,
ORDER TRANSFERRING CASE TO THE
CENTRAL DISTRICT OF CALIFORNIA

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vs.

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UNITED STATES OF AMERICA, et al.,

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Defendants.
/
Plaintiff is a federal prisoner proceeding pro se in this civil rights action pursuant to Bivens
vs. Six Unknown Agents, 403 U.S. 388 (1971).
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

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

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which 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 at the Federal

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Correctional Institution in Lompoc, California, located in Santa Barbara County, which is in the

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Central District of California. Therefore, plaintiff’s claim should have been filed in the United

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States District Court for the Central District of California. In the interest of justice, a federal court
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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 Central District of California.

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IT IS SO ORDERED.

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Dated:
220hhe

July 22, 2013

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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