(PC) Glass v. CDCR ( 2022 )

2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DONALD GLASS, Case No. 1:22-cv-00047-EPG (PC) 12 Plaintiff, 13 ORDER TRANSFERRING CASE TO THE v. CENTRAL DISTRICT OF CALIFORNIA 14 CDCR, et al., 15 Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action. 18 The federal venue statute requires that a civil action, other than one based on diversity 19 jurisdiction, be brought only in: “(1) a judicial district in which any defendant resides, if all 20 defendants are residents of the State in which the district is located; (2) a judicial district in which 21 a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part 22 of property that is the subject of the action is situated; or (3) if there is no district in which an 23 action may otherwise be brought as provided in this section, any judicial district in which any 24 defendant is subject to the court's personal jurisdiction with respect to such action.” 28 U.S.C. § 25 1391(b). 26 It appears that this case was accidently e-filed in the Fresno Division of the United States 27 District Court for the Eastern District of California. There is no indication that any defendant 28 resides within the boundaries of the Fresno Division or that any of the events or omissions giving rise to the claims occurred within the boundaries of this division. While some of the defendants 4 may reside in Sacramento, which is part of the Sacramento Division of the United States District 4 Court for the Eastern District of California, Plaintiff has not alleged that all defendants reside in 5 California. In fact, Plaintiff alleged that “[vJenue is proper in the Central District of California ... 6 because nearly all the claims derived or occurred at the California State Prison, Los Angeles 7 County, in Lancaster, California[,] in the Central District of California.” (ECF No. 1, p. 3). 8 Thus, venue is proper in the Central District of California, where Plaintiff intended to file this 9 action. Inthe interest of justice, a federal court may transfer a complaint filed in the wrong 10 district to the correct district. See 28 U.S.C. § 1406(a); Starnes v. McGuire, 512 F.2d 918, 932 (D.C. Cir. 1974). D Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the United B States District Court for the Central District of California. 14 | ITISSO ORDERED. 15 ig | Dated: _Sanuary 13, 2022 [spe hey — UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28