Townsend v. Spurgeon et al

Filing 6

ORDER signed by Magistrate Judge Craig M. Kellison on 6/7/13 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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REBIO RONNIE TOWNSEND,
Plaintiff,

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No. 2:13-cv-0994 CMK P

vs.
ROCKY SPURGEON, et al.,
Defendants.

ORDER
/

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Plaintiff, who is civilly committed and proceeding pro se, has filed a civil rights
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action pursuant to 42 U.S.C. § 1983. Plaintiff has filed an application to proceed in forma
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pauperis pursuant to 28 U.S.C. § 1915.
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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 claim arose in San Luis Obispo County, which is in the Central

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

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

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

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Starnes v. 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
United States District Court for the Central District of California.

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DATED: June 7, 2013

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______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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/kly
town 13cv0994.21

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