Rodriguez v. Johnson et al

Filing 3

ORDER signed by Magistrate Judge Edmund F. Brennan on 9/29/2016 ORDERING this case is TRANSFERRED to USDC for the Central District of California, Eastern Division. CASE CLOSED. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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FRANKLIN GERARDO RODRIGUEZ,

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No. 2:16-cv-2291-EFB P

Plaintiff,
v.

ORDER

JEH JOHNSON, et al.,
Defendants.

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Plaintiff is a former federal inmate proceeding without counsel in an action brought

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pursuant to Bivens v. Six Unknown Federal Narcotics Agents, 403 U.S. 388 (1971) and/or 42

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U.S.C. § 1983. His complaint arises out of events that occurred in San Bernardino County.

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

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

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

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

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

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

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

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Plaintiff alleges that the events giving rise to his action occurred at the Adelanto Detention
Facility, located in San Bernardino County. No defendant is alleged to reside in this district.
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Because San Bernardino County lies within the venue of the Eastern Division of the Central

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District of California, venue properly lies in that district and not in this one. See 28 U.S.C.

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§ 1391(b); 28 U.S.C. § 84(c)(1).

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Accordingly, IT IS HEREBY ORDERED that this case is transferred to the Eastern

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Division of United States District Court for the Central District of California. See 28 U.S.C.

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§ 1406(a).

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DATED: September 29, 2016.

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