(PC) Aguilar v. George Hill Claims Co. et al

Filing 7

ORDER signed by Magistrate Judge Kendall J. Newman on 9/8/2021 ORDERING CASE TRANSFERRED to the United States District Court for the Central District of California. The Clerk of the Court is directed to send plaintiff the form for filing a civil rights complaint by a prisoner in the Fresno Division of the Eastern District.(Henshaw, R)

Case 2:21-cv-01523-KJN Document 7 Filed 09/09/21 Page 1 of 3
1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

NICOLAS AGUILAR,

12

Plaintiff,

13
14

No. 2:21-cv-1523 KJN P

v.

ORDER

GEORGE HILL CLAIMS CO., et al.,

15

Defendants.

16
Plaintiff, a state prisoner proceeding pro se, filed a civil rights action pursuant to 42

17
18

U.S.C. § 1983, together with an application to proceed in forma pauperis pursuant to 28 U.S.C.

19

§ 1915.

20

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

21

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

22

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

23

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

24

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

25

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

26

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

27
28

While plaintiff’s complaint is not entirely clear, he affirmatively states the constitutional
violation occurred in Ontario, California. (ECF No. 1 at 1.) He appears to challenge
1

Case 2:21-cv-01523-KJN Document 7 Filed 09/09/21 Page 2 of 3
1

circumstances related to his initial arrest, and seeks money damages for injuries he sustained at

2

the time the officer stopped plaintiff. (ECF No. 1 at 3, 4.)

3

Plaintiff also makes vague references to incidents at Kern Valley State Prison. However,

4

if plaintiff seeks to bring a civil rights action against defendants employed at Kern Valley State

5

Prison, he must file a civil rights complaint in the Fresno Division of the Eastern District of

6

California, 2500 Tulare Street, Fresno, California, identify the specific prison staff involved in

7

such alleged constitutional violations, and set forth specific charging allegations as to each named

8

defendant.

9

In the instant complaint, plaintiff named himself in the defendants’ section of the case

10

caption, but also included the names Alexie Alysa and Northern Law Corporation, Woodland,

11

CA, in the case caption. (ECF No. 1 at 1.) Plaintiff did not name either Ms. Alysa or the

12

Northern Law Corporation as a defendant in the defendants’ section of the complaint. 1 (ECF No.

13

1 at 2.) In addition, plaintiff included no charging allegations as to the Northern Law

14

Corporation. Rather, plaintiff appears to ask the court to send important documents to Alysa

15

Meyers Alexis, Northern Lawyers Corp., Woodland, CA. (ECF No. 1 at 14.) Plaintiff is advised

16

that unless counsel represents a party, the court will not serve documents on behalf of litigants

17

proceeding without counsel.
In this case, the claim arose in Ontario, San Bernardino County, which is in the Central

18
19

District of California. Therefore, plaintiff’s claim should have been filed in the United States

20

District Court for the Central District of California. In the interest of justice, a federal court may

21

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

22

Starnes v. McGuire, 512 F.2d 918, 932 (D.C. Cir. 1974).

23

////

24

////

25

1

26
27
28

Rather, plaintiff lists his own name twice in the defendants’ section of the complaint, claiming
the first defendant is employed as a garage mechanic at Kern Valley State Prison. (ECF No. 1 at
2.) No other names from the case caption are included in the defendants’ section. Plaintiff is
advised that if he chooses to file a civil rights complaint in the Fresno Division, the names set
forth as defendants in the case caption must match those listed in the defendants’ section of the
complaint. Fed. R. Civ. P. 10(a).
2

Case 2:21-cv-01523-KJN Document 7 Filed 09/09/21 Page 3 of 3
1

Accordingly, IT IS HEREBY ORDERED that:

2

1. The Clerk of the Court is directed to send plaintiff the form for filing a civil rights

3
4

complaint by a prisoner in the Fresno Division of the Eastern District; and
2. This matter is transferred to the United States District Court for the Central District of

5

California.

6

Dated: September 8, 2021

7
8
9

/agui1523.21

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3