(PC) Baran v. Dodee County Detention Facility et al

Filing 4

ORDER signed by Magistrate Judge Kendall J. Newman on 11/18/2021 TRANSFERRING this matter to the USDC for the Western District of Wisconsin. CASE CLOSED.(Yin, K)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 STEVEN M. BARAN, 12 13 14 15 No. 2:21-cv-2115 KJN P Plaintiff, v. ORDER DODEE COUNTY DETENTION FACILITY, et al., Defendants. 16 17 18 19 20 Plaintiff, a state prisoner proceeding pro se, 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 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 In this case, the claim arose in Dodge County, which is in the Western District of 28 Wisconsin. Therefore, plaintiff’s claim should have been filed in the United States District Court 1 1 for the Western District of Wisconsin. 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 Western District of Wisconsin. 6 Dated: November 18, 2021 7 8 9 /bara2115.21 10 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?