Steward v. Gillson et al

Filing 3

ORDER TRANSFERRING CASE to the Northern District of California signed by Magistrate Judge Stanley A. Boone on 4/6/2018. (Jessen, A)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

ROBERT M. STEWARD,

12
13
14

Plaintiff,
v.

1:18-cv-00464-SAB (PC)
ORDER TRANSFERRING CASE TO THE
NORTHERN DISTRICT OF CALIFORNIA

J. GILLSON ,

15

Defendant.

16
17
18
19

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

21

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

22

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

23

subject of the action is situated, or (3) a judicial district in which any defendant may be found, if

24

there is no district in which 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 Del Norte

26

County, which is in the Northern District of California. Therefore, plaintiff=s claim should have

27

been filed in the United States District Court for the Northern District of California. In the

28

interest of justice, a federal court may transfer a complaint filed in the wrong district to the
1

1

correct district. See 28 U.S.C. ' 1406(a); Starnes v. McGuire, 512 F.2d 918, 932 (D.C. Cir.

2

1974).

3

Accordingly, IT IS HEREBY ORDERED that:

4

1.

5

District of California.
2.

6
7

This matter is transferred to the United States District Court for the Northern

All future filings shall refer to the new Sacramento case number assigned and shall

be filed at:

8
United States District Court
Northern District of California
450 Golden Gate Avenue
San Francisco, CA 94102

9
10
11
12

3. This court has not ruled on plaintiff's request to proceed in forma pauperis.

13
14

IT IS SO ORDERED.

15

Dated:

April 6, 2018
UNITED STATES MAGISTRATE JUDGE

16
17
18
19
20
21
22
23
24
25
26
27
28

2