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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 1:16-cv-01526-GSA (PC) SONNY BARGER, Plaintiff, ORDER TRANSFERRING CASE TO THE NORTHERN DISTRICT OF CALIFORNIA v. 14 ROBERT S. MULLER, et al., 15 Defendant. 16 17 18 Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42 U.S.C. ' 1983. 19 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, none of the defendants reside in this district. The claim arose in Del Norte 26 County, which is in the Northern District of California. Therefore, plaintiff=s claim should have 27 been filed in the United States District Court for the Northern District of California. In the 28 interest of justice, a federal court may transfer a complaint filed in the wrong district to the 1 1 correct district. See 28 U.S.C. ' 1406(a); Starnes v. McGuire, 512 F.2d 918, 932 (D.C. Cir. 2 1974). 3 4 Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the United States District Court for the Northern District of California. 5 6 7 IT IS SO ORDERED. Dated: October 13, 2016 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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