Gary F. Fisher v. Muellar et al

Filing 3

ORDER TRANSFERRING Case to the Northern District of California, signed by Magistrate Judge Michael J. Seng on 10/24/16. (Marrujo, C)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 GARY FRANCIS FISHER, 12 13 14 15 Plaintiff, v. 1:16-cv-01541 MJS (PC) ORDER TRANSFERRING CASE TO THE NORTHERN DISTRICT OF CALIFORNIA ROBERT S. MUELLAR, II, et al., 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 20 diversity jurisdiction, be brought only in A(1) a judicial district where any defendant 21 resides, if all defendants reside in the same state, (2) a judicial district in which a 22 substantial part of the events or omissions giving rise to the claim occurred, or a 23 substantial part of the property that is the subject of the action is situated, or (3) a judicial 24 district in which any defendant may be found, if there is no district in which the action 25 may otherwise be brought.@ 28 U.S.C. ' 1391(b). 26 In this case, none of the defendants reside in this district. The claim arose in Del 27 Norte County, which is in the Northern District of California. Therefore, plaintiff=s claim 28 should have been filed in the United States District Court for the Northern District of 1 1 California. In the interest of justice, a federal court may transfer a complaint filed in the 2 wrong district to the correct district. See 28 U.S.C. ' 1406(a); Starnes v. McGuire, 512 3 F.2d 918, 932 (D.C. Cir. 1974). 4 5 Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the United States District Court for the Northern District of California. 6 7 8 IT IS SO ORDERED. Dated: October 24, 2016 /s/ 9 UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Michael J. Seng 2

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