Bonilla v. Lassen County

Filing 3

ORDER signed by Magistrate Judge Carolyn K. Delaney on 2/8/2018 TRANSFERRING this matter to USDC for the Northern District of California. CASE CLOSED. (Yin, K)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

STEVEN WAYNE BONILLA,

12
13
14

No. 2:18-cv-0275 CKD P

Plaintiff,
v.

ORDER

LASSEN COUNTY,

15

Defendant.

16
17
18
19

Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42
U.S.C. § 1983.
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

In this case, the claim arose in Alameda County, which is in the Northern District of

27

California. Therefore, plaintiff’s claim should have been filed in the United States District Court

28

for the Northern District of California. In the interest of justice, a federal court may transfer a
1

1

complaint filed in the wrong district to the correct district. See 28 U.S.C. § 1406(a); Starnes v.

2

McGuire, 512 F.2d 918, 932 (D.C. Cir. 1974).

3

Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the United

4

States District Court for the Northern District of California.

5

Dated: February 8, 2018

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

6
7
8
9
10
11
12
13

12/boni0275.21

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2