Harris v. Mayeri
Filing
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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)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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DAVID D. HARRIS,
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Plaintiff,
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No. 2:20-cv-2020 CKD P
v.
ORDER
STEPHEN MAVERI,
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Defendant.
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Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42
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U.S.C. § 1983. The federal venue statute provides that a civil action “may be brought in (1) a
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judicial district in which any defendant resides, if all defendants are residents of the State in
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which the district is located, (2) a judicial district in which a substantial part of the events or
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omissions giving rise to the claim occurred, or a substantial part of property that is the subject of
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the action is situated, or (3) if there is no district in which an action may otherwise be brought as
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provided in this action, any judicial district in which any defendant is subject to the court’s
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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
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is in the Northern District of California. Therefore, plaintiff’s claim should have been filed 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: October 13, 2020
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
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