(PC) Hill v. Camacho ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CYMEYON HILL, No. 2:21-cv-0517 CKD P 12 Plaintiff, 13 v. ORDER 14 CAMACHO, et al., 15 Defendants. 16 17 Plaintiff, a civil detainee proceeding pro se, has filed a civil rights action pursuant to 42 18 U.S.C. § 1983. The federal venue statute provides that a civil action “may be brought in (1) a 19 judicial district in which any defendant resides, if all defendants are residents of the State in 20 which the district is located, (2) a judicial district in which a substantial part of the events or 21 omissions giving rise to the claim occurred, or a substantial part of property that is the subject of 22 the action is situated, or (3) if there is no district in which an action may otherwise be brought as 23 provided in this action, any judicial district in which any defendant is subject to the court’s 24 personal jurisdiction with respect to such action.” 28 U.S.C. § 1391(b). 25 In this case, the defendants are located, and the claim arose in Monterey County, which is 26 in the Northern District of California. Therefore, plaintiff’s claim should have been filed in the 27 United States District Court for the Northern District of California. In the interest of justice, a 28 ///// 1 || federal court may transfer a complaint filed in the wrong district to the correct district. See 28 2 | U.S.C. § 1406(a); Starnes v. McGuire, 512 F.2d 918, 932 (D.C. Cir. 1974). 3 Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the United 4 | States District Court for the Northern District of California. 5 | Dated: March 26, 2021 Card ht fa he 6 CAROLYN K DELANEY? 7 UNITED STATES MAGISTRATE JUDGE 8 9 inuy hill0517.21a 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28