Langston v. Corona
Filing
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ORDER signed by Magistrate Judge Craig M. Kellison on 12/9/16 ORDERING that this case is TRANSFERRED to the Northern District of California. (Dillon, M)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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WALTER LANGSTON,
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No. 2:16-cv-2510 KJM CMK P
Plaintiff,
v.
ORDER
SERGEANT CORONA,
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Defendant.
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Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42
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U.S.C. § 1983. Plaintiff has filed an application to proceed in forma pauperis pursuant to 28
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U.S.C. § 1915.
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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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In this case, the defendant is located and the claim arose in Monterey County, which is in
the Northern District of California. Therefore, plaintiff’s claim should have been filed in the
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United States District Court for the Northern District of California. In the interest of justice, a
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federal court may transfer a complaint filed in the wrong district to the correct district. See 28
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U.S.C. § 1406(a); Starnes v. McGuire, 512 F.2d 918, 932 (D.C. Cir. 1974).
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Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the United
States District Court for the Northern District of California.
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Dated: December 9, 2016
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/kly
lang 16cv2510.21a
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