Gutierrez Ramirez v. Feess

Filing 3

ORDER signed by Magistrate Judge Kendall J. Newman on 7/13/12 ORDERING that this case is TRANSFERRED to the Central District of California.(Dillon, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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NOE GABRIEL GUTIERREZ RAMIREZ,

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Plaintiff,

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vs.

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No. 2:12-cv-1775 KJN P

GARY A. FEES,

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Defendant.
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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. Plaintiff has neither filed an application to proceed in forma pauperis

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pursuant to 28 U.S.C. § 1915, nor paid the filing fee for this action.

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The federal venue statute provides that a civil action “may be brought in (1) a

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judicial district in which any defendant resides, if all defendants are residents of the State in

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which the district is located, (2) a judicial district in which a substantial part of the events or

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

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the action is situated, or (3) if there is no district in which an action may otherwise be brought as

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provided in this action, any judicial district in which any defendant is subject to the court’s

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personal jurisdiction with respect to such action.” 28 U.S.C. § 1391(b).

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In this case, the defendant(s) are located and the claim arose in the Central District

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of California. Therefore, plaintiff’s claim should have been filed in the United States District

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Court for the Central District of California. In the interest of justice, a federal court may transfer

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a complaint filed in the wrong district to the correct district. See 28 U.S.C. § 1406(a); Starnes v.

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McGuire, 512 F.2d 918, 932 (D.C. Cir. 1974).

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Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the

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United States District Court for the Central District of California.

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DATED: July 13, 2012

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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rami1775.21a

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