Davenport v. Ponce et al

Filing 3

ORDER signed by Magistrate Judge Dale A. Drozd on 1/16/13 ORDERING that this case is TRANSFERRED to the Northern 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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JAMES BOBBY DAVENPORT,
Plaintiff,

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vs.

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No. 2:13-cv-00037 DAD P

PONCE, et al.,

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Defendants.

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 named defendants are located in Monterey County and plaintiff’s

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claim arose in Monterey County. Monterey County is located within the boundaries of the

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

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States District Court for the Northern District of California. In the interest of justice, a federal

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court may transfer a complaint filed in the wrong district to the correct district. See 28 U.S.C.

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§ 1406(a); Starnes v. McGuire, 512 F.2d 918, 932 (D.C. Cir. 1974).
Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the

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United States District Court for the Northern District of California.

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DATED: January 16, 2013.

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DAD:mp/4

dave0037.21a

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