Gonzales v. Director of California Department of Corrections and Rehabilitation

Filing 3

ORDER signed by Judge Edmund F. Brennan on 7/2/07: CASE TRANSFERRED to the Northern District of California. This court has not ruled on Pltf's request to proceed IFP. Original file, certified copy of transfer order, and docket sheet sent. CASE CLOSED. (Engbretson, K.)

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(PC) Gonzales v. Director of California Department of Corrections and Rehabilitation Doc. 3 Case 2:07-cv-01135-LEW-EFB Document 3 Filed 07/02/2007 Page 1 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 vs. DIRECTOR OF CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION Defendant. / Plaintiff is a prisoner without counsel seeking relief for alleged civil rights violations. See 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). Plaintiff alleges a violation of civil rights at Salinas Valley State Prison, located in Monterey County, California. Monterey County is located within the Northern District of 1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA JAMES GONZALES, Plaintiff, No. CIV S-07-1135 LEW EFB P ORDER Dockets.Justia.com Case 2:07-cv-01135-LEW-EFB Document 3 Filed 07/02/2007 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 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 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: 1. This court has not ruled on plaintiff's request to proceed in forma pauperis; and 2. This matter is transferred to the United States District Court for the Northern District of California. Dated: July 2, 2007. 2

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