Smith v. Salinas Valley State Prison, et al.

Filing 2

ORDER TRANSFERRING CASE TO THE NORTHERN DISTRICT OF CALIFORNIA signed by Magistrate Judge Erica P. Grosjean on 8/4/2017. CASE CLOSED. (Lundstrom, T)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 LAJAZZ A. SMITH, 12 13 14 15 Plaintiff, v. 18 ORDER TRANSFERRING CASE TO THE NORTHERN DISTRICT OF CALIFORNIA SALINAS VALLEY STATE PRISON, et al., Defendants. 16 17 Case No. 1:17-cv-01031-EPG (PC) Plaintiff is a state prisoner proceeding pro se with this civil rights action filed 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 are residents of the State in which the district is located; (2) a judicial district in which 22 a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part 23 of the property that is the subject of the action is situated; or (3) if there is no district in which an 24 action may otherwise be brought as provided in this section, any judicial district in which any 25 defendant is subject to the court’s personal jurisdiction with respect to such action.” 28 U.S.C. § 26 1391(b). 27 In this case, none of the defendants appear to reside in this district. Additionally, the 28 claim arose in Monterey County, which is in the Northern District of California. Therefore, this 1 1 action should have been filed in the United States District Court for the Northern District of 2 California. In the interest of justice, a federal court may transfer a complaint filed in the wrong 3 district to the correct district. 28 U.S.C. § 1406(a). 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: August 4, 2017 /s/ UNITED STATES MAGISTRATE JUDGE 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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