Bontemps v. Godina

Filing 4

ORDER signed by Magistrate Judge Allison Claire on 4/17/15 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

GREGORY C. BONTEMPS,

12
13
14
15

No. 2:15-cv-0601 AC P

Plaintiff,
v.

ORDER

GODINA,
Defendants.

16
17

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

18

U.S.C. § 1983. ECF No. 1. Plaintiff has neither filed an application to proceed in forma pauperis

19

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

20

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

21

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

22

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

23

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

24

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

25

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

26

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

27
28

In this case, the claim arose in Los Angeles County, which is in the Central District of
California. Therefore, plaintiff’s claim should have been filed in the United States District Court
1

1

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

2

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

3

McGuire, 512 F.2d 918, 932 (D.C. Cir. 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: April 17, 2015

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2