Barger v. Muller et al

Filing 2

ORDER TRANSFERRING CASE to the Northern District of California signed by Magistrate Judge Gary S. Austin on 10/13/2016. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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1:16-cv-01526-GSA (PC)

SONNY BARGER,
Plaintiff,

ORDER TRANSFERRING CASE TO THE
NORTHERN DISTRICT OF CALIFORNIA

v.

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ROBERT S. MULLER, 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
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 A(1) a judicial district where any defendant resides, if all

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

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

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subject of the action is situated, or (3) a judicial district in which any defendant may be found, if

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there is no district in 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 in Del Norte

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County, which is in the Northern District of California. Therefore, plaintiff=s claim should have

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been filed in the United States District Court for the Northern District of California. In the

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interest of justice, a federal court may transfer a complaint filed in the wrong district to the
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correct district. See 28 U.S.C. ' 1406(a); Starnes v. McGuire, 512 F.2d 918, 932 (D.C. Cir.

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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.
Dated:

October 13, 2016

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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