(PC) Enriquez v. Norco Prison et al

Filing 3

ORDER TRANSFERRING CASE to the Central District of California signed by Magistrate Judge Erica P. Grosjean on 7/9/2024. (Xiong, J.)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 AARON JACOB ENRIQUEZ, 12 Plaintiff, 13 v. 14 1:24-cv-000783-EPG (PC) ORDER TRANSFERRING CASE TO THE CENTRAL DISTRICT OF CALIFORNIA NORCO PRISON, et al., 15 Defendants. 16 Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42 17 18 U.S.C. § 1983.1 The federal venue statute requires that a civil action, other than one based on diversity 19 20 21 22 23 24 jurisdiction, be brought only in “(1) a judicial district where any defendant resides, if all defendants are residents of the State in which the district is located, (2) a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of the property that is the subject of the action is situated, or (3) if there is no district in which an action may otherwise be brought as provided in this section, any judicial district in which any defendant is subject to the court’s personal jurisdiction with respect to such action.” 28 U.S.C. 25 § 1391(b). 26 27 Because this case is being transferred, the Court will not address Plaintiff’s application to proceed in forma pauperis. (ECF No. 2). 1 1 28 1 In this case, it does not appear that there is any Defendant located in this District. 2 Moreover, the claims arise in Riverside County, which is in the Central District of California. 3 Therefore, Plaintiff’s complaint should have been filed in the United States District Court for the 4 Central District of California. In the interest of justice, a federal court may transfer a complaint 5 filed in the wrong district to the correct district. 28 U.S.C. § 1406(a). 6 7 8 Accordingly, IT IS ORDERED that this matter is transferred to the United States District Court for the Central District of California. IT IS SO ORDERED. 9 10 Dated: July 9, 2024 /s/ UNITED STATES MAGISTRATE JUDGE 11 12 13 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?