Kohler v. Correctional Training Facility

Filing 3

ORDER signed by Judge John F. Moulds on 7/26/2006, CASE TRANSFERRED to Northern District of California. Certified copy of transfer order and docket sheet sent. CASE CLOSED, Civil Case Terminated. (Matson, R)

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(JFM) (PC) Kohler v. Correctional Training Facility Doc. 3 Case 2:06-cv-01604-FCD-PAN Document 3 Filed 07/27/2006 Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Defendant. 15 16 17 18 19 20 21 22 23 24 25 26 / 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 jurisdiction, be brought only in "(1) a judicial district where any defendant resides, if all defendants reside in the same State, (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 property that is the subject of the action is situated, or (3) a judicial district in which any defendant may be found, if there is no district in which the action may otherwise be brought." 28 U.S.C. 1391(b). In this case, the defendant(s) are located and the claim arose in Monterey County, which is in the Northern District of California. Therefore, plaintiff's claim should have been filed in the United States District Court for the Northern District of California. In the interest of 1 Dockets.Justia.com IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA DAVID W. KOHLER, Plaintiff, vs. CORRECTIONAL TRAINING FACILITY, ORDER No. CIV S-06-1604 FCD PAN P Case 2:06-cv-01604-FCD-PAN Document 3 Filed 07/27/2006 Page 2 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 justice, a federal court may transfer a complaint filed in the wrong district to the correct district. See 28 U.S.C. 1406(a); Starnes v. McGuire, 512 F.2d 918, 932 (D.C. Cir. 1974). Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the United States District Court for the Northern District of California. DATED: July 26, 2006. /mp/001 kohl1604.21a 2

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