Woods v. Sanders et al

Filing 4

ORDER signed by Magistrate Judge Carolyn K. Delaney on 6/7/2018 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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JESSIE JAMES WOODS,

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No. 2:18-cv-1618 CKD P

Plaintiff,

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v.

ORDER

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CONNNIE SANDERS, et al.,

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Defendants.

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Plaintiff, a Contra Costa County prisoner proceeding pro se, has filed a civil rights action

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pursuant to 42 U.S.C. § 1983. The federal venue statute provides that a civil action “may be

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brought in (1) a judicial district in which any defendant resides, if all defendants are residents of

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

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

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

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brought as provided in this action, any judicial district in which any defendant is subject to the

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

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In this case, there is no allegation in the complaint that any defendant resides within the

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Eastern District and it is alleged that the actions giving rise to plaintiff’s claims occurred in the

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

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wrong district to the correct district. See 28 U.S.C. § 1406(a); Starnes v. McGuire, 512 F.2d 918,

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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 7, 2018

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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wood1618.21a

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