(PC) Harris v. Maveri

Filing 4

ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/13/2020 ORDERING CASE TRANSFERRED to the U.S. District Court for the Northern District of California. (Henshaw, R)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DAVID D. HARRIS, 12 Plaintiff, 13 14 No. 2:20-cv-2020 CKD P v. ORDER STEPHEN MAVERI, 15 Defendant. 16 Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42 17 18 U.S.C. § 1983. The federal venue statute provides that a civil action “may be brought in (1) a 19 judicial district in which any defendant resides, if all defendants are residents of the State in 20 which the district is located, (2) a judicial district in which a substantial part of the events or 21 omissions giving rise to the claim occurred, or a substantial part of property that is the subject of 22 the action is situated, or (3) if there is no district in which an action may otherwise be brought as 23 provided in this action, any judicial district in which any defendant is subject to the court’s 24 personal jurisdiction with respect to such action.” 28 U.S.C. § 1391(b). In this case, the defendants are located in and the claim arose in Monterey County, which 25 26 is in the Northern District of California. Therefore, plaintiff’s claim should have been filed in the 27 Northern District. In the interest of justice, a federal court may transfer a complaint filed in the 28 ///// 1 1 wrong district to the correct district. See 28 U.S.C. § 1406(a); Starnes v. McGuire, 512 F.2d 918, 2 932 (D.C. Cir. 1974). 3 Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the United 4 States District Court for the Northern District of California. 5 Dated: October 13, 2020 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 6 7 8 9 10 1/bh harr2020.21a 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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?