(PC) Patterson v. Gastelo

Filing 3

ORDER TRANSFERRING CASE to the Central District of California signed by Magistrate Judge Gary S. Austin on 6/3/2020. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Plaintiff,

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1:20-cv-00756-GSA (PC)

NORICE PATTERSON,

ORDER TRANSFERRING CASE TO THE
CENTRAL DISTRICT OF CALIFORNIA

v.
JOSIE GASTELO,

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Defendant.

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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

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jurisdiction, be brought only in “(1) a judicial district where any defendant resides, if all

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defendants are residents of the State in which the district is located, (2) a judicial district in which

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a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part

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of the property that is the subject of the action is situated, or (3) if there is no district in which an

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action may otherwise be brought as provided in this section, any judicial district in which any

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defendant is subject to the court’s personal jurisdiction with respect to such action.” 28 U.S.C. §

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1391(b).

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In this case, none of the individual defendants reside in this district. The claim arose in

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San Luis Obispo County, which is in the Central District of California. Therefore, plaintiff’s

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claim should have been filed in the United States District Court for the Central District of

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California. In the interest of justice, a federal court may transfer a complaint filed in the wrong

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district to the correct district. See 28 U.S.C. § 1406(a); Starnes v. McGuire, 512 F.2d 918, 932

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(D.C. Cir. 1974).

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Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the United
States District Court for the Central District of California.

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IT IS SO ORDERED.
Dated:

June 3, 2020

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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