King v. Chappell

Filing 3

ORDER TRANSFERRING CASE to the Northern District of California signed by Magistrate Judge Sheila K. Oberto on 9/15/2014. (Sant Agata, S)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 KEVIN LYNELL KING, 12 13 14 15 Plaintiff, 1:14-cv-01426-SKO (PC) ORDER TRANSFERRING CASE TO THE NORTHERN DISTRICT OF CALIFORNIA v. KEVIN R. CHAPPELL, Defendant. 16 17 18 19 Plaintiff, a state prisoner proceeding pro se, filed this civil rights action pursuant to 42 U.S.C. ' 1983 on September 12, 2014. The federal venue statute requires that a civil action, other than one based on diversity 20 jurisdiction, be brought only in A(1) a judicial district where any defendant resides, if all 21 defendants reside in the same state, (2) a judicial district in which a substantial part of the events 22 or omissions giving rise to the claim occurred, or a substantial part of the property that is the 23 subject of the action is situated, or (3) a judicial district in which any defendant may be found, if 24 there is no district in which the action may otherwise be brought.@ 28 U.S.C. ' 1391(b). 25 In this case, the plaintiff is suing the warden of San Quentin State Prison, which is in 26 Marin County. Therefore, the plaintiff=s claim should have been filed in the United States District 27 Court for the Northern District of California. In the interest of justice, a federal court may 28 transfer a complaint filed in the wrong district to the correct district. See 28 U.S.C. ' 1406(a); 1 1 2 3 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. 4 5 6 IT IS SO ORDERED. Dated: September 15, 2014 /s/ Sheila K. Oberto 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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?