(PC)Espinoza v. Garcia et al
Filing
3
ORDER signed by Magistrate Judge Kendall J. Newman on 9/10/2020 TRANSFERRING this mater to the USDC for the Central 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
JOSE ESPINOZA,
12
13
14
No. 2:20-cv-1770 KJN P
Plaintiff,
v.
ORDER
ROWLAND GARCIA, et al.,
15
Defendants.
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
27
In this case, the claim arose in Los Angeles County, which is in the Central District of
California. Therefore, plaintiff’s claim should have been filed in the United States District Court
28
1
1
for the Central District of California.1 In the interest of justice, a federal court may transfer a
2
complaint filed in the wrong district to the correct district. See 28 U.S.C. § 1406(a); Starnes v.
3
McGuire, 512 F.2d 918, 932 (D.C. Cir. 1974).
4
Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the United
5
States District Court for the Central District of California.
6
Dated: September 10, 2020
7
8
espi1770.21
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1
Plaintiff appears to allege that West Covina Police Officer Gonzales wrote a false report that
resulted in plaintiff’s transfer from Seattle to West Covina. Plaintiff alleges that he was then
booked for attempted murder. It is not clear if the instant action is a civil rights action or a habeas
corpus petition. However, because plaintiff’s claims and criminal proceedings arose in Los
Angeles County, jurisdiction is appropriate in the Central District whether this action is brought
as a civil rights action or a habeas corpus petition.
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?