Floyd v. Federal Bureau Of Prisons et al

Filing 12

ORDER. IT IS ORDERED that this matter is TRANSFERRED to the USDC for Central District of California, Roybal Federal Building, 255 East Temple Street, Los Angeles, CA 90012. Signed by Chief Judge Robert C. Jones on 5/11/2011. (Copies have been distributed pursuant to the NEF - PM)

1
2
3
4
5
6
7
UNITED STATES DISTRICT COURT
8
DISTRICT OF NEVADA
9
10
WALTER E. FLOYD., JR.,
11
12
13
14
15

)
)
Plaintiff,
)
)
vs.
)
)
FEDERAL BUREAU OF PRISONS, et al., )
)
Defendants.
)
/

3:11-cv-00084-RCJ-VPC
ORDER

16
Plaintiff, who is represented by counsel, has filed a civil rights complaint and seeks relief
17
pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388
18
(1971), which provides a remedy for violation of civil rights by federal actors.
19
The federal venue statute requires that a civil action, other than one based on diversity
20
jurisdiction, be brought only in “(1) a judicial district where any defendant resides, if all defendants
21
reside in the same state, (2) a judicial district in which a substantial part of the events or omissions
22
giving rise to the claim occurred, or a substantial part of the property that is the subject of the action
23
is situated, or (3) a judicial district in which any defendant may be found, if there is no district in
24
which the action may otherwise be brought.” 28 U.S.C. § 1391(b).
25
In this case, none of the defendants reside in this district. The events giving rise to plaintiff’s
26
claims arose at the Federal Correctional Institution, Terminal Island, in Los Angeles County,

1

California, which is located within the Central District of California. Therefore, plaintiff’s claim

2

should have been filed in the United States District Court for the Central District of California. In

3

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

4

correct district. See 28 U.S.C. § 1404(a); Starnes v. McGuire, 512 F.2d 918, 932 (D.C. Cir. 1974).

5

IT IS THEREFORE ORDERED that this matter is TRANSFERRED to the United States

6

District Court for Central District of California, Roybal Federal Building, 255 East Temple Street,

7

Los Angeles, California, 90012.

8

Dated this _________ day of May, 2011.
11th

9
10
UNITED STATES DISTRICT JUDGE
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26

2