Love v. Unknown Officers of the Bureau of Prisons et al

Filing 13

ORDER TRANSFERRING CASE to the Southern District of California signed by Magistrate Judge Dennis L. Beck on 8/26/2016. (Jessen, A) [Transferred from California Eastern on 8/29/2016.]

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DONNY LOVE,
Plaintiff,

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Case No. 1:15-cv-01432-DAD-DLB PC
ORDER TRANSFERRING CASE TO THE
SOUTHERN DISTRICT OF CALIFORNIA

v.
(Doc. 1)

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UNKNOWN OFFICER OF THE BUREAU
OF PRISONS, et al.,

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Defendants.
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_____________________________________/
Plaintiff Donny Love Way, a federal prisoner proceeding pro se and in forma pauperis,
filed this civil action on September 22, 2015, pursuant to Bivens v. Six Unknown Named Agents of
Federal Bureau of Narcotics, 403 U.S. 388 (1971), which provides a remedy for violation of civil
rights by federal actors. He names Unknown Officers and Administrators of the Federal Bureau of
Prisons as Defendants.
The federal venue statute requires that a civil action, other than one based on diversity
jurisdiction, be brought only in “(1) a judicial district where any defendant resides, if all
defendants reside in the same state, (2) a judicial district in which a substantial part of the events
or omissions giving rise to the claim occurred, or a substantial part of the property that is the
subject of the action is situated, or (3) a judicial district in which any defendant may be found, if
there is no district in which the action may otherwise be brought.” 28 U.S.C. § 1391(b).

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In this case, none of the defendants reside in this district. The claim first arose at MCC

2 San Diego, in San Diego County, which is in the Southern District of California. Therefore,
3 Plaintiff’s claim should have been filed in the United States District Court for the Southern
4 District of California. In the interest of justice, a federal court may transfer a complaint filed in
5 the wrong district to the correct district. See 28 U.S.C. § 1406(a); Starnes v. McGuire, 512 F.2d
6 918, 932 (D.C. Cir. 1974).
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Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the United

8 States District Court for the Southern District of California.
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IT IS SO ORDERED.
Dated:

/s/ Dennis

August 26, 2016

L. Beck

UNITED STATES MAGISTRATE JUDGE

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