Colman v. Contra Costa County et al

Filing 3

ORDER signed by Magistrate Judge Kendall J. Newman on 5/16/2017 ORDERING CASE TRANSFERRED to the U.S. District Court for the Northern District of California.(Henshaw, R)

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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 LOUIS COLMAN, 12 13 14 15 No. 2:17-cv-0997 KJN P Plaintiff, v. ORDER D. TINDALL, et al., Defendants. 16 17 Plaintiff, a county prisoner proceeding pro se, has filed a civil rights action pursuant to 42 18 U.S.C. § 1983. Plaintiff has neither filed an application to proceed in forma pauperis pursuant to 19 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 In this case, the defendants are located and the claim arose in Contra Costa County, which 28 is in the Northern District of California. Therefore, plaintiff’s claim should have been filed in the 1 1 United States District Court for the Northern District of California. In the interest of justice, a 2 federal court may transfer a complaint filed in the wrong district to the correct district. See 28 3 U.S.C. § 1406(a); Starnes v. 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 Northern District of California. 6 Dated: May 16, 2017 7 8 9 /colm0997.21a 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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