Robinson v. Castellon et al

Filing 3

ORDER TRANSFERRING CASE to Northern District of California signed by Magistrate Judge Gary S. Austin on 11/21/2017. (Sant Agata, S)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 Plaintiff, 13 14 1:17-cv-01540-GSA (PC) KENNETH ROBINSON, ORDER TRANSFERRING CASE TO NORTHERN DISTRICT OF CALIFORNIA v. R. CASTELLON, et al., 15 Defendants. 16 17 I. BACKGROUND Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42 18 19 U.S.C. ' 1983, together with a request to proceed in forma pauperis pursuant to 28 U.S.C. 20 ' 1915. 21 II. VENUE The federal venue statute requires that a civil action, other than one based on diversity 22 23 jurisdiction, be brought only in A(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 events 25 or omissions giving rise to the claim occurred, or a substantial part of the property that is the 26 subject of the action is situated, or (3) a judicial district in which any defendant may be found, if 27 there is no district in which the action may otherwise be brought.@ 28 U.S.C. ' 1391(b). 28 /// 1 1 In this case, none of the defendants named in the Complaint reside in this district. The 2 claims arose at the Deuel Vocational Institution in Tracy, California, located in Alameda County, 3 which is in the Northern District of California. Therefore, Plaintiff’s claims are properly brought 4 in the United States District Court for the Northern District of California. In the interest of 5 justice, a federal court may transfer a complaint filed in the wrong district to the correct district. 6 See 28 U.S.C. ' 1406(a); Starnes v. McGuire, 512 F.2d 918, 932 (D.C. Cir. 1974). 7 This court has not ruled on plaintiff's request to proceed in forma pauperis. 8 9 10 III. CONCLUSION Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the United States District Court for the Northern District of California. 11 IT IS SO ORDERED. 12 13 Dated: November 21, 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

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?