(PC) Sconce v. Central District Court of California ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DAVID W. SCONCE, Case No. 2:21-cv-00918-KJM-JDP (PC) 12 Plaintiff, ORDER TRANSFERRING CASE TO THE CENTRAL DISTRICT OF CALIFORNIA 13 v. 14 CENTRAL DISTRICT COURT OF CALIFORNIA, et al., 15 Defendants. 16 17 Plaintiff, a state prisoner proceeding without counsel, has filed a civil rights action 18 pursuant to 42 U.S.C. § 1983. 19 The federal venue statute requires that a civil action be brought in “(1) a judicial district 20 where any defendant resides, if all defendants are residents of the State in which the district is 21 located, (2) a judicial district in which a substantial part of the events or omissions giving rise to 22 the claim occurred, or a substantial part of the property that is the subject of the action is situated, 23 or (3) if there is no district in which an action may otherwise be brought as provided in this 24 section, any judicial district in which any defendant is subject to the court’s personal jurisdiction 25 with respect to such action.” 28 U.S.C. § 1391(b). 26 In this case, none of the defendants reside in this district, and plaintiff’s claims arose in 27 Los Angeles County, which is in the Central District of California. See 28 U.S.C. § 84(c). Thus, 28 1 | this action should have been filed in the United States District Court for the Central District of 2 | California. In the interest of justice, a federal court may transfer a complaint filed in the wrong 3 || district to the correct district. See 28 U.S.C. § 1406(a); Starnes v. McGuire, 512 F.2d 918, 932 4 | (DC. Cir. 1974). 5 Accordingly, it is hereby ORDERED that this matter is transferred to the United States 6 | District Court for the Central District of California. 7 3 IT IS SO ORDERED. ° Dated: _ June 21, 2021 sa 10 awe D. PE i ERSON UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28