(PC) Drumm v. CD.CR ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 THOMAS DRUMM, No. 2: 18-cv-2854 KJM KJN P 12 Plaintiff, 13 v. ORDER 14 CDCR, et al., 15 Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42 18 U.S.C. § 1983. 19 The federal venue statute provides that a civil action “may be brought in (1) a judicial 20 district in which any defendant resides, if all defendants are residents of the State in which the 21 district is located, (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 property that is the subject of the action 23 is situated, or (3) if there is no district in which an action may otherwise be brought as provided in 24 this action, any judicial district in which any defendant is subject to the court’s personal 25 jurisdiction with respect to such action.” 28 U.S.C. § 1391(b). 26 In this case, the defendants are located and the claims arose in San Bernardino County, 27 which is in the Central District of California. In the interest of justice, a federal court may 28 transfer a complaint filed in the wrong district to the correct district. See 28 U.S.C. § 1406(a); 1 | Starnes v. McGuire, 512 F.2d 918, 932 (D.C. Cir. 1974). Accordingly, in the interests of justice, 2 | the undersigned herein orders this action transferred to the United States District Court for the 3 | Central District of California. 4 Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the United 5 | States District Court for the Central District of California. 6 | Dated: February 6, 2020 Fens Arn g KENDALL J. NE UNITED STATES MAGISTRATE JUDGE 9 10 Drumm2854.tra 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28