Bonilla v. Barrett

Filing 5

ORDER signed by Magistrate Judge Carolyn K. Delaney on 6/5/2018 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-01192 CKD P

Plaintiff,
v.

ORDER

GRANT V. BARRETT,
Defendants.

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Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42

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U.S.C. § 1983. The federal venue statute provides that a civil action “may be brought in (1) a

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

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which the district is located, (2) a judicial district in which a substantial part of the events or

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omissions giving rise to the claim occurred, or a substantial part of property that is the subject of

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the action is situated, or (3) if there is no district in which an action may otherwise be brought as

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provided in this action, any judicial district in which any defendant is subject to the court’s

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personal jurisdiction with respect to such action.” 28 U.S.C. § 1391(b).

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In this civil rights action, plaintiff names a Calaveras County Superior Court judge as a

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defendant. ECF No. 1 at 2. However, after reviewing the allegations in the complaint, it appears

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that plaintiff is actually attempting to challenge his criminal conviction. See ECF No. 1 at 3.

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Plaintiff was not only convicted in Alameda County but is also presently confined at San Quentin
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State Prison, which are both located in the Northern District of California. People v. Bonilla, 41

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Cal. 4th 313 (Cal. June 18, 2007). Therefore, plaintiff’s complaint should have been filed in the

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United States District Court for the Northern District of California. In the interest of justice, a

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federal court may transfer a complaint filed in the wrong district to the correct district. See 28

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U.S.C. § 1406(a); Starnes v. McGuire, 512 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

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States District Court for the Northern District of California.

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Dated: June 5, 2018

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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12/boni1192.21a.docx

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