(PC) Cole v. McFadden-Jensen ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 STEIN COLE, No. 2:18-cv-2596 AC P 12 Plaintiff, 13 v. ORDER 14 R. MCFADDEN-JENSEN, et al., 15 Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, seeks relief pursuant to 42 U.S.C. § 1983 and 18 has requested authority pursuant to 28 U.S.C. § 1915 to proceed in forma pauperis. ECF Nos. 1, 19 8. This proceeding was referred to this court by Local Rule 302 pursuant to 28 U.S.C. § 20 636(b)(1)(B). 21 The federal venue statute provides that a civil action “may be brought in: (1) a judicial 22 district in which any defendant resides, if all defendants are residents of the State in which the 23 district is located, (2) a judicial district in which a substantial part of the events or omissions 24 giving rise to the claim occurred, or a substantial part of property that is the subject of the action 25 is situated, or (3) if there is no district in which an action may otherwise be brought as provided in 26 this action, any judicial district in which any defendant is subject to the court’s personal 27 jurisdiction with respect to such action.” 28 U.S.C. § 1391(b). 28 //// wOAOe 6 LOU VM MUU IO Oe er PT Aye eve 1 In this case, plaintiff has named thirty-three defendants, twenty-four of which are 2 || employees of the Correctional Training Facility, and six of which are employees of Salinas 3 || Valley State Prison. See ECF No. | at 8-11. Both of these institutions are located in Soledad, 4 | California, which is in Monterey County. Monterey County is located in the Northern District of 5 || California. See 28 U.S.C. § 84(a). Because the vast majority of the defendants and related events 6 || are located in and/or occurred in Monterey County, California, plaintiff's complaint should have 7 | been filed in the Northern District of California. 8 In the interest of justice, a federal court may transfer a complaint filed in the wrong 9 | district to the correct district. See 28 U.S.C. § 1406(a); Starnes v. McGuire, 512 F.2d 918, 932 10 | (D.C. Cir. 1974). 11 Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the United 12 || States District Court for the Northern District of California. 13 | DATED: August 26, 2020 ~ 14 ththien— Chane ALLISON CLAIRE 15 UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28