Lee v. Figueron et al

Filing 7

ORDER signed by Magistrate Judge Carolyn K. Delaney on 3/9/2018 ORDERING CASE TRANSFERRED to the U.S. District Court for the Northern District of Mississippi. (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 ARNELL LEE, 12 Plaintiff, 13 14 No. 2:17-cv-2619 CKD P v. ORDER F. FIGUEROA, et al., 15 Defendants. 16 17 Plaintiff, a California prisoner proceeding pro se, has filed a civil rights action pursuant to 18 42 U.S.C. § 1983. In his complaint, plaintiff asserts a violation of his civil rights which occurred 19 in Tallahatchie County, Mississippi. And, while plaintiff identifies the Secretary of the 20 California Department of Corrections and Rehabilitation as a defendant, plaintiff fails to state a 21 claim upon which relief can be granted against him.1 The federal venue statute provides that a civil action “may be brought in (1) a judicial 22 23 district in which any defendant resides, if all defendants are residents of the State in which the 24 district is located, (2) a judicial district in which a substantial part of the events or omissions 25 giving rise to the claim occurred, or a substantial part of property that is the subject of the action 26 27 28 1 Section 1983 liability arises only upon a showing of personal participation by the defendant; there is no respondeat superior liability under section 1983. Taylor v. List, 880 F.2d 1040, 1045 (9th Cir. 1989). 1 1 is situated, or (3) if there is no district in which an action may otherwise be brought as provided in 2 this action, any judicial district in which any defendant is subject to the court’s personal 3 jurisdiction with respect to such action.” 28 U.S.C. § 1391(b). 4 In the interest of justice, a federal court may transfer a complaint filed in the wrong 5 district to the correct district. See 28 U.S.C. § 1406(a); Starnes v. McGuire, 512 F.2d 918, 932 6 (D.C. Cir. 1974). 7 8 9 Because this court is not a proper venue for plaintiff’s claim, and it appears the Northern District of Mississippi is, the action will be transferred to that court. In light of the foregoing, IT IS HEREBY ORDERED that this matter is transferred to the 10 United States District Court for the Northern District of Mississippi. 11 Dated: March 9, 2018 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 1 lee2619.21 18 19 20 21 22 23 24 25 26 27 28 2

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