Heredia v. Lawrence et al

Filing 8

ORDER TRANSFERRING CASE to Southern District of California, signed by Magistrate Judge Michael J. Seng on 8/2/17. (Martin-Gill, S) [Transferred from California Eastern on 8/3/2017.]

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 1:17-cv-00717-MJS (PC) AMANDO VILLARREAL HEREDIA, Plaintiff, ORDER TRANSFERRING CASE TO THE SOUTHERN DISTRICT OF CALIFORNIA v. 14 WARDEN LAWRENCE, et al, 15 Defendants. 16 17 18 19 Plaintiff is a federal prisoner proceeding pro se in a civil rights action pursuant to Bivens vs. Six Unknown Agents, 403 U.S. 388 (1971). The federal venue statute requires that a civil action, other than one based on 20 diversity jurisdiction, be brought only in A(1) a judicial district where any defendant 21 resides, if all defendants reside in the same state, (2) a judicial district in which a 22 substantial part of the events or omissions giving rise to the claim occurred, or a 23 substantial part of the property that is the subject of the action is situated, or (3) a judicial 24 district in which any defendant may be found, if there is no district in which the action 25 may otherwise be brought.@ 28 U.S.C. ' 1391(b). 26 27 28 In this case, none of the defendants reside in this district. The claim arose in San Diego County, which is in the Southern District of California. Therefore, plaintiff=s claim 1 1 should have been filed in the United States District Court for the Southern District of 2 California. In the interest of justice, a federal court may transfer a complaint filed in the 3 wrong district to the correct district. See 28 U.S.C. ' 1406(a); Starnes v. McGuire, 512 4 F.2d 918, 932 (D.C. Cir. 1974). 5 6 Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the United States District Court for the Southern District of California. 7 8 9 IT IS SO ORDERED. Dated: August 2, 2017 /s/ 10 UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Michael J. Seng 2

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