(PC) Cleveland v. Reynoso ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 LARRY CHARLES CLEVELAND, Case No. 1:20-cv-00154-BAM (PC) 12 Plaintiff, ORDER TRANSFERRING CASE TO THE NORTHERN DISTRICT OF CALIFORNIA 13 v. 14 REYNOSO, et al., 15 Defendants. 16 17 Plaintiff Larry Charles Cleveland (“Plaintiff”), a state prisoner proceeding pro se, has 18 filed a civil rights action pursuant to 42 U.S.C. § 1983. (ECF No. 1.) Plaintiff has not yet filed a 19 motion to proceed in forma pauperis pursuant to 28 U.S.C. § 1915, or paid the filing fee for this 20 action. 21 The federal venue statute requires that a civil action, other than one based on diversity 22 jurisdiction, be brought only in “(1) a judicial district where any defendant resides, if all 23 defendants are residents of the State in which the district is located, (2) a judicial district in which 24 a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part 25 of the property that is the subject of the action is situated, or (3) if there is no district in which an 26 action may otherwise be brought as provided in this section, any judicial district in which any 27 defendant is subject to the court’s personal jurisdiction with respect to such action.” 28 U.S.C. 28 § 1391(b). 1 In this case, none of the defendants appear to reside in this district. The claims arose in 2 Monterey County, which is in the Northern District of California. Therefore, Plaintiff’s claim 3 should have been filed in the United States District Court for the Northern District of California. 4 In the interest of justice, a federal court may transfer a complaint filed in the wrong district to the 5 correct district. See 28 U.S.C. § 1406(a); Ravelo Monegro v. Rosa, 211 F.3d 509, 512 (9th Cir. 6 2000). 7 Accordingly IT IS HEREBY ORDERED that this matter is transferred to the United 8 States District Court for the Northern District of California. 9 IT IS SO ORDERED. 10 11 Dated: January 31, 2020 /s/ Barbara A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28