Johnson v. California Department of Corrections and Rehabilitation et al

Filing 4

ORDER Transferring Case to the Southern District of California signed by Magistrate Judge Sheila K. Oberto on 10/17/2017. (Flores, E) [Transferred from California Eastern on 10/17/2017.]

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 Plaintiff, 13 14 15 1:17-cv-01380-SKO (PC) RAPHAEL MAURICE JOHNSON, ORDER TRANSFERRING CASE TO THE SOUTHERN DISTRICT OF CALIFORNIA v. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, et al., 16 Defendants. 17 Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42 18 19 U.S.C. ' 1983. The federal venue statute requires that a civil action, other than one based on diversity 20 21 jurisdiction, be brought only in A(1) a judicial district where any defendant resides, if all 22 defendants reside in the same state, (2) a judicial district in which a substantial part of the events 23 or omissions giving rise to the claim occurred, or a substantial part of the property that is the 24 subject of the action is situated, or (3) a judicial district in which any defendant may be found, if 25 there is no district in which the action may otherwise be brought.@ 28 U.S.C. ' 1391(b). 26 In this case, none of the defendants reside in this district. Plaintiff’s first claim arose in 27 San Diego County, which is in the Southern District of California.1 Therefore, plaintiff=s claim 28 1 Plaintiff also raises claims that arose in Vacaville, California. However, those claims and defendants are listed and 1 1 should have been filed in the United States District Court for the Southern District of California. 2 In the interest of justice, a federal court may transfer a complaint filed in the wrong district to the 3 correct district. See 28 U.S.C. ' 1406(a); Starnes v. McGuire, 512 F.2d 918, 932 (D.C. Cir. 4 1974). Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the United 5 6 States District Court for the Southern District of California. 7 8 9 IT IS SO ORDERED. Dated: October 17, 2017 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 occurred subsequent to the claims and defendants for the incidents that allegedly occurred at RJ Donovan. 2 .

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