Blackman v. Benyard et al

Filing 3

ORDER TRANSFERRING CASE to the Southern District of California signed by Magistrate Judge Jennifer L. Thurston on 9/16/2013. (Jessen, A) [Transferred from California Eastern on 9/16/2013.]

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TONY BLACKMAN,

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Plaintiff,

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v.

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PARAMO, et al.,

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Defendants.

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) Case No.: 1:13-cv-01481 – JLT (PC)
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) ORDER TRANSFERRING CASE TO THE
) SOUTHERN DISTRICT OF CALIFORNIA
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Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42 U.S.C.
' 1983.

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The federal venue statute requires that a civil action, other than one based on diversity

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jurisdiction, be brought only in A(1) a judicial district where any defendant resides, if all defendants

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reside in the same state, (2) a judicial district in which a substantial part of the events or omissions

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

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situated, or (3) a judicial district in which any defendant may be found, if there is no district in which

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the action may otherwise be brought.@ 28 U.S.C. ' 1391(b). Moreover, where a party iniaties a matter

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within the wrong district, a federal court may, in the interest of justice, transfer the complaint to the

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correct district. See 28 U.S.C. ' 1406(a); Starnes v. McGuire, 512 F.2d 918, 932 (D.C. Cir. 1974).

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In this case, none of the defendants reside in this district. Plaintiff=s claim arose in San Diego
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County, which lies within the Southern District of California. Therefore, plaintiff=s claim should have

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been filed in the United States District Court for the Southern District of California.

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Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the United States
District Court for the Southern District of California.

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IT IS SO ORDERED.
Dated:

September 16, 2013

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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