(PC) Silva v. Department of State Hospitals ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JUSTIN SILVA, 1:20-cv-01836-HBK (PC) 12 Plaintiff, ORDER TRANSFERRING CASE TO THE 13 v. CENTRAL DISTRICT OF CALIFORNIA 14 DEPARTMENT OF STATE HOSPITALS, (Doc. No. 1) 15 Defendant. 16 Before the Court is Plaintiff Justin Silva’s pro se 42 U.S.C. § 1983 Complaint filed on 17 December 30, 2020. (Doc. No. 1). Upon review of the Complaint, the Court finds Plaintiff should 18 have brought this action in Western Division of the United States District Court in the Central 19 District of California. According to the Complaint, the events giving rise to the cause of action 20 and/or the defendants reside in Luis Obispo County, which is within the venue of the United States 21 District Court for the Central District of California. See 28 U.S.C. § 1391(b) see also Ziegler v. 22 Indian River County, 64 F.3d 470, 474 (9th Cir. 1995) (reviewing federal court jurisdiction and 23 venue in a § 1983 action). The Court thus transfers this case under 28 U.S.C. § 1406(a). 24 Accordingly, it is ORDERED: 25 1. The Clerk of Court is directed to transfer this action to the Western Division 26 of the United States District Court for the Central District of California and 27 close this case. 28 1 2. result of the transfer, the Court declines to rule on Plaintiff's motion to 2 proceed in forma pauperis (Doc. No. 2). 3 4 IT IS SO ORDERED. ated: January 13, 2021 Mihaw. Th fareh Zack 6 HELENA M. BARCH-KUCHTA 7 UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 >