Heredia v. Lawrence et al
Filing
8
ORDER TRANSFERRING CASE to Southern District of California, signed by Magistrate Judge Michael J. Seng on 8/2/17. (Martin-Gill, S)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
EASTERN DISTRICT OF CALIFORNIA
10
11
12
13
1:17-cv-00717-MJS (PC)
AMANDO VILLARREAL HEREDIA,
Plaintiff,
ORDER TRANSFERRING CASE TO THE
SOUTHERN DISTRICT OF CALIFORNIA
v.
14
WARDEN LAWRENCE, et al,
15
Defendants.
16
17
18
19
Plaintiff is a federal prisoner proceeding pro se in a civil rights action pursuant to
Bivens vs. Six Unknown Agents, 403 U.S. 388 (1971).
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
27
28
In this case, none of the defendants reside in this district. The claim arose in San
Diego County, which is in the Southern District of California. Therefore, plaintiff=s claim
1
1
should have been filed in the United States District Court for the Southern District of
2
California. In the interest of justice, a federal court may transfer a complaint filed in the
3
wrong district to the correct district. See 28 U.S.C. ' 1406(a); Starnes v. McGuire, 512
4
F.2d 918, 932 (D.C. Cir. 1974).
5
6
Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the
United States District Court for the Southern District of California.
7
8
9
IT IS SO ORDERED.
Dated:
August 2, 2017
/s/
10
UNITED STATES MAGISTRATE JUDGE
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Michael J. Seng
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?