Williams v. California Department of Corrections & Rehabilitation et al

Filing 6

ORDER signed by Magistrate Judge Kendall J. Newman on 10/24/2013 ORDERING that this matter is TRANSFERRED to the USDC for the Central District of California. CASE CLOSED. (Yin, K)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOHN WESLEY WILLIAMS, 12 Plaintiff, 13 14 15 No. 2:13-cv-01094-KJN P v. CALIFORNIA DEPARTMENT OF CORRECTIONS & REHABILITATION, et al., 16 ORDER Defendants. 17 Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42 18 19 U.S.C. § 1983. Plaintiff also filed an application to proceed in forma pauperis pursuant to 28 20 U.S.C. § 1915. The federal venue statute provides that a civil action “may be brought in (1) a judicial 21 22 district in which any defendant resides, if all defendants are residents of the State in which the 23 district is located, (2) a judicial district in which a substantial part of the events or omissions 24 giving rise to the claim occurred, or a substantial part of property that is the subject of the action 25 is situated, or (3) if there is no district in which an action may otherwise be brought as provided in 26 this action, any judicial district in which any defendant is subject to the court’s personal 27 jurisdiction with respect to such action.” 28 U.S.C. § 1391(b). 28 //// 1 1 In this case, the alleged claims arose, and apparently all of the defendants work, at 2 California State Prison-Lancaster, in Los Angeles County, which is in the Central District of 3 California. Therefore, plaintiff’s action should have been filed in the United States District Court 4 for the Central District of California. In the interests of justice, a federal court may transfer a 5 complaint filed in the wrong district to the correct district. See 28 U.S.C. § 1406(a); Starnes v. 6 McGuire, 512 F.2d 918, 932 (D.C. Cir. 1974). 7 Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the United 8 States District Court for the Central District of California. 9 Dated: October 24, 2013 10 11 /will1094.21 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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