Turner v. State of California et al

Filing 2

ORDER Transferring Case to Northern District of California signed by Magistrate Judge Gary S. Austin on 04/13/2017. (Flores, E)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 EDWARD TURNER, Case No. 1:17-cv-00454-GSA-PC Plaintiff, 12 ORDER TRANSFERRING CASE TO NORTHERN DISTRICT OF CALIFORNIA v. 13 14 STATE OF CALIFORNIA, et al., 15 Defendants. 16 17 I. BACKGROUND 18 Edward Turner (“Plaintiff”) is a state prisoner proceeding pro se with this civil rights 19 action pursuant to 42 U.S.C. § 1983. Plaintiff filed the Complaint commencing this action on 20 March 30, 2017. (ECF No. 1.) 21 II. VENUE 22 The federal venue statute requires that a civil action, other than one based on diversity 23 jurisdiction, be brought only in “(1) a judicial district where any defendant resides, if all 24 defendants reside in the same state; (2) a judicial district in which a substantial part of the 25 events or omissions giving rise to the claim occurred, or a substantial part of the property that is 26 the subject of the action is situated; or (3) if there is no district in which an action may 27 otherwise be brought as provided in this section, any judicial district in which any defendant is 28 subject to the court’s personal jurisdiction with respect to such action.” 28 U.S.C. § 1391(b). 1 1 In this case, none of the defendants named in the Complaint reside in this district. The 2 claims arose in Richmond, California, located in Contra Costa County, which is in the Northern 3 District of California. Therefore, Plaintiff=s claims are properly brought in the United States 4 District Court for the Northern District of California. In the interest of justice, a federal court 5 may transfer a complaint filed in the wrong district to the correct district. See 28 U.S.C. ' 6 1406(a); Starnes v. McGuire, 512 F.2d 918, 932 (D.C. Cir. 1974). 7 III. 8 9 CONCLUSION Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the United States District Court for the Northern District of California. 10 11 12 13 IT IS SO ORDERED. Dated: April 13, 2017 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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