(PC) Castro v. CDCR

Filing 2

ORDER TRANSFERRING CASE to the Northern District of California, signed by Magistrate Judge Barbara A. McAuliffe on 03/05/2025. CASE CLOSED. (Deputy Clerk CM)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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WENCELAUS CHRISTOPHER
CASTRO,
Plaintiff,

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CDCR,

Defendant.

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ORDER TRANSFERRING CASE TO THE
NORTHERN DISTRICT OF CALIFORNIA

v.

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Case No. 1:25-cv-00269-BAM (PC)

Plaintiff Wencelaus Christopher Castro (“Plaintiff”), a state prisoner proceeding pro se,
has filed a civil rights action pursuant to 42 U.S.C. § 1983. (ECF No. 1.)
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, the defendant does not appear to reside in this district. The claims appear to
have arisen in Marin County, which is in the Northern District of California. Therefore,
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Plaintiff’s claim should have been filed in the United States District Court for the Northern

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

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the wrong district to the correct district. See 28 U.S.C. § 1406(a); Ravelo Monegro v. Rosa, 211

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F.3d 509, 512 (9th Cir. 2000).

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

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IT IS SO ORDERED.
Dated:

/s/ Barbara A. McAuliffe

March 5, 2025

_

UNITED STATES MAGISTRATE JUDGE

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