Black v. Chin, et al.
ORDER Transferring Case to the Central District of California,signed by Magistrate Judge Barbara A. McAuliffe on 12/28/2016. CASE TRANSFERRED to Central District of CA. CASE CLOSED (Martin-Gill, S)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
Case No. 1:16-cv-01910-BAM (PC)
ORDER TRANSFERRING CASE TO THE
CENTRAL DISTRICT OF CALIFORNIA
Dr. C. CHIN, et al.,
Plaintiff Michael Black (“Plaintiff”), a state prisoner proceeding pro se, filed a civil rights
action under 42 U.S.C. § 1983 on December 23, 2016. On that same date, he also filed a motion
to proceed in forma pauperis, (ECF No. 2), and a motion for the appointment of counsel, (ECF
The federal venue statute requires that a civil action, other than one based on diversity
jurisdiction, be brought only in A(1) a judicial district where any defendant resides, if all
defendants reside in the same state, (2) a judicial district in which a substantial part of the events
or omissions giving rise to the claim occurred, or a substantial part of the property that is the
subject of the action is situated, or (3) a judicial district in which any defendant may be found, if
there is no district in which the action may otherwise be brought.@ 28 U.S.C. § 1391(b).
In this case, none of the defendants reside in this district. The claim arose out of events at
the California State Prison in Lancaster, Los Angeles County, which is in the Central District of
California. All defendants are employed at that facility and appear to reside in that district.
Therefore, Plaintiff=s claim should have been filed in the United States District Court for the
Central District of California. In the interest of justice, a federal court may transfer a complaint
filed in the wrong district to the correct district. See 28 U.S.C. § 1406(a); District No. 1, Pacific
Coast Dist., M.E.B.A. v. State of Alaska, 682 F.2d 797, 799 n. 3 (9th Cir. 1982).
Accordingly, the Court HEREBY ORDERS that:
of California; and
This matter is transferred to the United States District Court for the Central District
This court has not ruled on Plaintiff’s request to proceed in forma pauperis, or
motion for the appointment of counsel.
IT IS SO ORDERED.
December 28, 2016
UNITED STATES MAGISTRATE JUDGE
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