Tanksley v. Medical Staff, Salinas Valley State Prison

Filing 4

ORDER signed by Magistrate Judge John F. Moulds on 2/3/09 ORDERING that this court has not ruled on pltf's 2 request to proceed ifp; and this matter is TRANSFERRED to the Northern District of California. Original file, certified copy of transfer order, and docket sheet sent. CASE CLOSED. (Yin, K)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 Defendant. 15 / 16 Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant 17 to 42 U.S.C. § 1983, together with a request to proceed in forma pauperis. In light of 1996 18 amendments to 28 U.S.C. § 1915, this court will not rule on plaintiff's request to proceed in 19 forma pauperis. 20 The federal venue statute requires that a civil action, other than one based on 21 diversity jurisdiction, be brought only in "(1) a judicial district where any defendant resides, if all 22 defendants reside in the same State, (2) a judicial district in which a substantial part of the events 23 or omissions giving rise to the claim occurred, or a substantial part of property that is the subject 24 of the action is situated, or (3) a judicial district in which any defendant may be found, if there is 25 no district in which the action may otherwise be brought." 28 U.S.C. § 1391(b). 26 1 ORDER vs. MEDICAL STAFF, SALINAS VALLEY STATE PRISON, IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA MOODY WOODROW TANKSLEY, Plaintiff, 2:09-cv-0283 JFM (PC)

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/mp/001 tank0283.21

In this case, none of the defendants reside in this district. 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 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: February 3, 2009.

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