Johnson v. Grounds et al

Filing 5

ORDER signed by Magistrate Judge Gregory G. Hollows on 12/23/2011 ORDERING that this court has not ruled on plaintiff's request to proceed in forma pauperis. This matter is TRANSFERRED to the United States District Court for the Northern District of California.(Duong, D)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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WILLIAM JOHNSON,

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Plaintiff,

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No. CIV S-11-3361 GGH P

vs.
RANDY GROUNDS, Warden, et al.,

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Defendants.

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ORDER
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Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant

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to 42 U.S.C. § 1983, together with a request to proceed in forma pauperis. In light of 1996

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amendments to 28 U.S.C. § 1915, this court will not rule on plaintiff’s request to proceed in

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forma pauperis.

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The federal venue statute requires that a civil action, other than one based on

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diversity jurisdiction, be brought only in “(1) a judicial district where any defendant resides, if all

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defendants reside in the same State, (2) a judicial district in which a substantial part of the events

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or omissions giving rise to the claim occurred, or a substantial part of property that is the subject

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of the action is situated, or (3) a judicial district in which any defendant may be found, if there is

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no district in which the action may otherwise be brought.” 28 U.S.C. § 1391(b).

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In this case, none of the defendants reside in this district. The claim arose in

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Monterey County, which is in the Northern District of California. Therefore, plaintiff’s claim

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should have been filed in the United States District Court for the Northern District of California.

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In the interest of justice, a federal court may transfer a complaint filed in the wrong district to the

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correct district. See 28 U.S.C. § 1406(a); Starnes v. McGuire, 512 F.2d 918, 932 (D.C. Cir.

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1974).

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Accordingly, IT IS HEREBY ORDERED that:

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1. This court has not ruled on plaintiff’s request to proceed in forma pauperis; and

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2. This matter is transferred to the United States District Court for the Northern

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District of California.

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DATED: December 23, 2011

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/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE
GGH:mp
john3361.21

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