Maclean v. Anderson

Filing 4

ORDER signed by Magistrate Judge Kendall J. Newman on 7/2/12 ORDERING that this case is TRANSFERRED to the Northern District of California.(Dillon, M)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MATTHEW T. MACLEAN, 11 Plaintiff, 12 13 No. 2:12-cv-1722 KJN P vs. JAMES ANDERSON, 14 Defendant. 15 ORDER / 16 Plaintiff, presently held in the Solano County Jail, is proceeding without counsel, 17 and has filed a civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed an application to 18 proceed in forma pauperis pursuant to 28 U.S.C. § 1915. 19 The federal venue statute provides that a civil action “may be brought in (1) a 20 judicial district in which any defendant resides, if all defendants are residents of the State in 21 which the district is located, (2) a judicial district in which a substantial part of the events or 22 omissions giving rise to the claim occurred, or a substantial part of property that is the subject of 23 the action is situated, or (3) if there is no district in which an action may otherwise be brought as 24 provided in this action, any judicial district in which any defendant is subject to the court’s 25 personal jurisdiction with respect to such action.” 28 U.S.C. § 1391(b). 26 //// 1 1 In this case, none of the defendants reside in this district. The claim arose in, and 2 the named defendant resides in, Napa County, which is in the Northern District of California. 3 Therefore, plaintiff’s claim should have been filed in the United States District Court for the 4 Northern District of California. In the interest of justice, a federal court may transfer a complaint 5 filed in the wrong district to the correct district. See 28 U.S.C. § 1406(a); Starnes v. McGuire, 6 512 F.2d 918, 932 (D.C. Cir. 1974). 7 Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the 8 United States District Court for the Northern District of California. 9 DATED: July 2, 2012 10 11 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 12 13 macl1722.21 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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