(PC) Johnson v. Wieser ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JABARI J. JOHNSON, No. 2:22-cv-0147 KJN P 12 Plaintiff, 13 v. ORDER 14 PHILLIP WIESER, 15 Defendant. 16 17 Plaintiff, a state prisoner proceeding pro se, filed a civil rights action pursuant to 42 18 U.S.C. § 1983. Plaintiff has neither filed an application to proceed in forma pauperis pursuant to 19 28 U.S.C. § 1915 nor paid the filing fee for this action. 20 The federal venue statute provides that a civil action “may be brought in (1) a judicial 21 district in which any defendant resides, if all defendants are residents of the State in which the 22 district is located, (2) a judicial district in which a substantial part of the events or omissions 23 giving rise to the claim occurred, or a substantial part of property that is the subject of the action 24 is situated, or (3) if there is no district in which an action may otherwise be brought as provided in 25 this action, any judicial district in which any defendant is subject to the court’s personal 26 jurisdiction with respect to such action.” 28 U.S.C. § 1391(b). 27 In this case, the defendant is located and the claim arose in Fremont County, which is in 28 the District of Colorado. Therefore, plaintiff’s claim should have been filed in the United States 1 | District Court for Colorado. In the interest of justice, a federal court may transfer a complaint 2 | filed in the wrong district to the correct district. See 28 U.S.C. § 1406(a); Starnes v. McGuire, 3 |} 512 F.2d 918, 932 (D.C. Cir. 1974). 4 Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the United 5 || States District Court in Colorado. 6 || Dated: January 28, 2022 Foci) Aharon 8 KENDALL J. NE UNITED STATES MAGISTRATE JUDGE 9 10 11 |} johno147.214 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28