Ervin v. Carlos

Filing 4

ORDER signed by Magistrate Judge Edmund F. Brennan on 7/25/2017 TRANSFERRING CASE to the Eastern Division of the U.S. District Court for the Central District of California.(Henshaw, R)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

CHARLES ERVIN, III,

12

Plaintiff,

13
14

No. 2:17-cv-1511-EFB P

v.

ORDER

CARLOS,

15

Defendant.

16
Plaintiff is a state prisoner proceeding without counsel in an action brought under 42

17
18

U.S.C. § 1983. The claims alleged in the complaint (ECF No. 1) arise out of events that occurred

19

in Adelanto, California, which is in San Bernardino County.
The federal venue statute provides that a civil action “may be brought in (1) a judicial

20
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

/////

28

/////
1

1

Venue properly lies in the Eastern Division of the United States District Court for the

2

Central District of California, and not in this district. See 28 U.S.C. § 1391(b); 28 U.S.C.

3

§ 84(c)(1).

4

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

5

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

6

§ 1406(a).

7

DATED: July 25, 2017.

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2