(PC) Luther v. California Department of Corrections & Rehabilitation ( 2019 )

1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 FOR THE EASTERN DISTRICT OF CALIFORNIA 11 12 EVERETT LUTHER, No. 2:19-cv-1442 DB P 13 Plaintiff, 14 v. ORDER 15 CALIFORNIA DEPARTMENT OF 16 CORRECTIONS & REHABILITATION, et al., 17 Defendants. 18 19 Plaintiff, an inmate presently incarcerated at the East Mesa Reentry Facility in San Diego, 20 California, is proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff 21 has also filed an application to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. (ECF 22 No. 2.) Plaintiff has not, however, filed a certified copy of his inmate trust account statement for 23 the six-month period immediately preceding the filing of the complaint. See 28 U.S.C. § 24 1915(a)(2). 25 The federal venue statute provides that a civil action “may be brought in (1) a judicial 26 district in which any defendant resides, if all defendants are residents of the State in which the 27 district is located, (2) a judicial district in which a substantial part of the events or omissions 28 giving rise to the claim occurred, or a substantial part of property that is the subject of the action 1 | is situated, or (3) if there is no district in which an action may otherwise be brought as provided in 2 | this action, any judicial district in which any defendant is subject to the court’s personal 3 | jurisdiction with respect to such action.” 28 U.S.C. § 1391(b). 4 In this case, the claim arose in San Diego County, which is in the Southern District of 5 | California. (See ECF No. 1 at 1.) Therefore, plaintiffs claim should have been filed in the 6 | United States District Court for the Southern District of California. In the interest of justice, a 7 | federal court may transfer a complaint filed in the wrong district to the correct district. See 28 8 || U.S.C. § 1406(a); Starnes v. McGuire, 512 F.2d 918, 932 (D.C. Cir. 1974). 9 Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the United 10 | States District Court for the Southern District of California. 11 | Dated: August 1, 2019 12 13 14 ‘BORAH BARNES UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 DLB:12 21 | DLB:1/Orders/Prisoner/Civil Rights/luth1442.21 22 23 24 25 26 27 28