Dearwester v. California Department of Corrections and Rehabilitation

Filing 4

ORDER signed by Magistrate Judge Carolyn K. Delaney on 3/5/15 ORDERING that this case is TRANSFERRED to the Central District of California.(Dillon, M)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

FRANK LEE DEARWESTER,

12
13
14
15
16

No. 2:15-cv-0456 CKD P

Plaintiff,
v.

ORDER

CALIFORNIA DEPARTMENT OF
CORRECTIONS AND REHABILITION,
Defendant.

17
18

Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42

19

U.S.C. § 1983, together with a request to proceed in forma pauperis. The federal venue statute

20

provides that a civil action “may be brought in (1) a judicial district in which any defendant

21

resides, if all defendants are residents of the State in which the district is located, (2) a judicial

22

district in which a substantial part of the events or omissions giving rise to the claim occurred, or

23

a substantial part of property that is the subject of the action is situated, or (3) if there is no district

24

in which an action may otherwise be brought as provided in this action, any judicial district in

25

which any defendant is subject to the court’s personal jurisdiction with respect to such action.”

26

28 U.S.C. § 1391(b).

27
28

In this case, plaintiff identifies only Doe defendants, but it is clear his claim arose in Los
Angeles County, which lies within the jurisdiction of the United States District Court for the
1

1

Central District of California. In the interest of justice, this matter will be transferred to the

2

Central District. See 28 U.S.C. § 1406(a); Starnes v. McGuire, 512 F.2d 918, 932 (D.C. Cir.

3

1974).

4

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

5

States District Court for the Central District of California.

6

Dated: March 5, 2015

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

7
8
9
10
11
12
13

1
dear0456.21

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2