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)

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