Burnett v. Kregg, et al.

Filing 3

ORDER transferring case to Central District of California, Western Division signed by Magistrate Judge Stanley A. Boone on 8/15/2017. CASE CLOSED. (Lundstrom, T)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

CARLOS ROMERO BURNETT,

12

Plaintiff,

13

v.

14

J. KREGG, et al.,

15

Defendants.

16
17
18
19

)
)
)
)
)
)
)
)
)
)

Case No.: 1:17-cv-01072-SAB (PC)
ORDER TRANSFERRING CASE TO CENTRAL
DISTRICT OF CALIFORNIA, WESTERN
DIVISION

Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42 U.S.C.
' 1983.
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 defendants

21

reside in the same state, (2) a judicial district in which a substantial part of the events or omissions

22

giving rise to the claim occurred, or a substantial part of the property that is the subject of the action is

23

situated, or (3) a judicial district in which any defendant may be found, if there is no district in which

24

the action may otherwise be brought.@ 28 U.S.C. ' 1391(b).

25

In this case, none of the defendants reside in this district. The claim arose in San Luis Obispo

26

County, which is in the Central District of California. Therefore, Plaintiff=s claim should have been

27

filed in the United States District Court for the Central District of California. In the interest of justice,

28
1

1

a federal court may transfer a complaint filed in the wrong district to the correct district. See 28

2

U.S.C. ' 1406(a); Starnes v. McGuire, 512 F.2d 918, 932 (D.C. Cir. 1974).
Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the United States

3
4

District Court for the Central District of California, Western Division.

5
6
7
8

IT IS SO ORDERED.
Dated:

August 15, 2017
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