Bonilla v. All 58 Counties

Filing 3

ORDER signed by Magistrate Judge Edmund F. Brennan on 4/16/2018 ORDERING CASE TRANSFERRED to the U.S. District Court for the Northern District of California. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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STEVEN WAYNE BONILLA,

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No. 2:18-cv-0889-EFB P

Plaintiff,
v.

ORDER

ALL 58 COUNTIES,

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Defendant.

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Plaintiff is a state prisoner proceeding without counsel in an action brought under 42
U.S.C. § 1983.
The federal venue statute provides that a civil action “may be brought in (1) a judicial district

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in which any defendant resides, if all defendants are residents of the State in which the district is

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located, (2) a judicial district in which a substantial part of the events or omissions giving rise to the

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claim occurred, or a substantial part of property that is the subject of the action is situated, or (3) if

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there is no district in which an action may otherwise be brought as provided in this action, any judicial

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district in which any defendant is subject to the court’s personal jurisdiction with respect to such

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action.” 28 U.S.C. § 1391(b).

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

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

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

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filed in the wrong district to the correct district. See 28 U.S.C. § 1406(a); Starnes v. McGuire, 512

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

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

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District Court for the Northern District of California.

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DATED: April 16, 2018.

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