Xavier M. Flesher v. Ryu et al
Filing
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ORDER Transferring Case to the Central District of California, signed by Magistrate Judge Barbara A. McAuliffe on 03/23/15. (Gonzalez, R)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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1:15-cv-00429 BAM (PC)
XAVIER MORRIS FLESHER,
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Plaintiff,
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v.
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ORDER TRANSFERRING CASE TO THE
CENTRAL DISTRICT OF CALIFORNIA
DR. RYU, et al.,
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Defendant.
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Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42
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U.S.C. § 1983. Plaintiff seeks compensation from the Los Angeles County Jail, the San
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Bernardino County Jail, the California Department of Corrections and a healthcare clinic in Los
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Angeles County.
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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 A(1) a judicial district in which any defendant resides, if all
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defendants are residents of the State in which the district is located; (2) a judicial district in which
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a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part
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of property that is the subject of the action is situated; or (3) if there is no district in which an
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action may otherwise be brought as provided in this section, any judicial district in which any
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defendant is subject to the court’s personal jurisdiction with respect to such action.” 28 U.S.C. §
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1391(b).
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In this case, none of the defendants reside in this district. The claim primarily arose in
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Los Angeles and San Bernardino Counties, which are in the Central District of California.
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Therefore, plaintiff=s claim should have been filed in the United States District Court for the
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Central District of California. In the interest of justice, a federal court may transfer a complaint
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filed in the wrong district to the correct district. See 28 U.S.C. § 1406(a); Starnes v. McGuire,
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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.
Dated:
/s/ Barbara
March 23, 2015
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UNITED STATES MAGISTRATE JUDGE
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A. McAuliffe
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