Reyes v. Tampkins

Filing 5

ORDER signed by Magistrate Judge Craig M. Kellison on 10/12/16 ORDERING that this case is TRANSFERRED to the Central District of California.(Dillon, M)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CECIL PHILLIP REYES, 12 13 14 15 16 No. 2:16-CV-1937-CMK-P Plaintiff, vs. ORDER CYNTHIA TAMPKINS, Defendant. / 17 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 18 42 U.S.C. § 1983. For cases such as this, which are based on federal question jurisdiction, the 19 federal venue statute requires that the action be brought only in (1) a judicial district where any 20 defendant resides, if all defendants reside in the same State, (2) a judicial district in which a 21 substantial part of the events or omissions giving rise to the claim occurred, or a substantial part 22 of property that is the subject of the action is situated, or (3) a judicial district in which any 23 defendant may be found, if there is no district in which the action may otherwise be brought. See 24 28 U.S.C. § 1391(b). Here, the claim(s) arose in Riverside County, which is within the 25 boundaries of the United States District Court for the Central District of California. Therefore, 26 the court finds that this action most appropriately proceeds in that district. In the interest of 1 1 2 3 justice, the court will transfer this case. See 28 U.S.C. § 1406(a). Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the United States District Court for the Central District of California. 4 5 6 7 DATED: October 12, 2016 ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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