Bonilla v. Barnes

Filing 3

ORDER signed by Magistrate Judge Kendall J. Newman on 5/16/2018 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-1207 KJN P

Plaintiff,
v.
STEVEN D. BARNES,

ORDER

Defendant.

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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. Plaintiff has not filed an application to proceed in forma pauperis pursuant to 28

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U.S.C. § 1915 or paid the filing fee for this action.

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The federal venue statute provides that a civil action “may be brought in (1) a judicial

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

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

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

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

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

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

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In this case, plaintiff names a Kings County Superior Court Judge as a defendant. But it
appears that plaintiff is again attempting to challenge his conviction. (ECF No. 1 at 2, 3.)
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Plaintiff was convicted in Alameda County, which is in the Northern District of California.

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People v. Bonilla, 41 Cal. 4th 313 (Cal. June 18, 2007).

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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

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

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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: May 16, 2018

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/cw/boni1207.21a

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