(PC)Gutierrez v. Diaz ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DORIAN L. GUTIERREZ, No. 2:20-cv-1847 AC P 12 Plaintiff, 13 v. ORDER 14 RALPH DIAZ, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner incarcerated in Ironwood State Prison in Blythe, California, 18 under the authority of the California Department of Corrections and Rehabilitation (CDCR). 19 Plaintiff proceeds pro se with a civil rights complaint filed pursuant to 42 U.S.C. § 1983, and an 20 application to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. 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 //// wOASe 2 EIU OO OPEN eV 1 While plaintiffs complaint names numerous CDCR statewide officials, the incidents 2 | challenged herein arose at Ironwood State Prison where the principal defendants are employed. 3 || Ironwood State Prison is located in Riverside County, which is in the Central District of 4 | California. Therefore, plaintiff's action should have been filed in the United States District Court 5 || for the Central District of California. In the interest of justice, a federal court may transfer a 6 || complaint filed in the wrong district to the correct district. See 28 U.S.C. § 1406(a); Starnes v. 7 | 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 Central District of California. 10 | DATED: September 17, 2020 ~ u Chthien—Chare ALLISON CLAIRE 12 UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28