Jones v. Powers et al

Filing 4

ORDER signed by Magistrate Judge Edmund F. Brennan on 03/06/17 ordering CASE TRANSFERRED to the U.S. District Court for the Central District of California, Western Division. (Plummer, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RALPH EARL JONES, 12 13 14 15 No. 2:17-cv-0470-EFB P Plaintiff, v. ORDER JERRY E. POWERS, et al., Defendants. 16 17 18 19 Plaintiff is a state prisoner proceeding without counsel in an action brought pursuant to 42 U.S.C. § 1983. His claim arises out of events that occurred in Los Angeles County. The federal venue statute provides that a civil action “may be brought in (1) a judicial 20 district in which any defendant resides, if all defendants are residents of the State in which the 21 district is located, (2) a judicial district in which a substantial part of the events or omissions 22 giving rise to the claim occurred, or a substantial part of property that is the subject of the action 23 is situated, or (3) if there is no district in which an action may otherwise be brought as provided in 24 this action, any judicial district in which any defendant is subject to the court’s personal 25 jurisdiction with respect to such action.” 28 U.S.C. § 1391(b). 26 Plaintiff alleges that the events giving rise to this action occurred in Los Angeles County 27 by defendants who are employed by the Los Angeles County Probation Department. No 28 defendant is alleged to reside in this district. Because Los Angeles County lies within the venue 1 1 of the Western Division of the Central District of California, venue properly lies in that district 2 and not in this one. See 28 U.S.C. § 1391(b); 28 U.S.C. § 84(c)(1). 3 Accordingly, IT IS HEREBY ORDERED that this case is transferred to the Western 4 Division of United States District Court for the Central District of California. See 28 U.S.C. 5 § 1406(a). 6 DATED: March 6, 2017. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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