(PC) Thompson v. Razavi ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOHN WILLIAM THOMPSON, No. 2:20-cv-0474 DB P 12 Plaintiff, 13 v. ORDER 14 ERIC RAVAZI, D.D.S., 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 and an application to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. 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, plaintiff identifies four defendants. Three doctors from the Correctional 27 Training Facility (“CTF”) and one doctor from the California Health Care Facility (“CHCF”). 28 Plaintiff’s claims primarily involve the CTF doctors’ failure to diagnose and treat an oral wOAOe 2 OVE ET MUO IO eer PAY eV 1 | infection that spread throughout plaintiff's body. Plaintiff also makes a claim that the CHCF 2 | doctor failed to re-order an MRI. This latter claim against the CHCF doctor is not a “substantial 3 | part” of plaintiff's complaint. CTF is in Monterey County, which lies in the Northern District of 4 | California. Therefore, plaintiff's complaint should have been filed in the United States District 5 | Court for the Northern District of California. In the interest of justice, a federal court may 6 | transfer a complaint filed in the wrong district to the correct district. See 28 U.S.C. § 1406(a); 7 | Starnes v. McGuire, 512 F.2d 918, 932 (D.C. Cir. 1974), 8 Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the United 9 | States District Court for the Northern District of California. 10 || Dated: June 24, 2020 11 12 B ORAH BARNES UNITED STATES MAGISTRATE JUDGE 14 | pDLB-9 DB/prisoner-civil rights/thom0474.21a 15 16 17 18 19 20 21 22 23 24 25 26 27 28