(PC) Dawson v. Newsom ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KENNETH DEAN DAWSON, No. 2:20-cv-1140 AC P 12 Plaintiff, 13 v. ORDER 14 GAVIN NEWSOM, et al., 15 Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action pursuant to 42 18 U.S.C. § 1983. Plaintiff has also filed an application to proceed in forma pauperis pursuant to 28 19 U.S.C. § 1915. 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 the instant case, plaintiff is incarcerated in the California Rehabilitation Center in 28 Norco, California, which is in Riverside County. Although plaintiff names numerous state wOASe 2 EATEN EIU IO er AY ee 1 | officials, it appears that he is challenging, inter alia, his prison transport to the Santa Clara County 2 | Superior Court earlier this month. Thus, it appears that this claim arose in Riverside County, 3 || which is in the Central District of California. Therefore, plaintiff’s claim should have been 4 | brought in the United States District Court for the Central District of California, Eastern Division. 5 In the interest of justice, a federal court may transfer a complaint filed in the wrong 6 || district to the correct district. See 28 U.S.C. § 1406(a); Starnes v. McGuire, 512 F.2d 918, 932 7 | (D.C. Cir. 1974). 8 Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the United 9 || States District Court for the Central District of California, Eastern Division. 10 | DATED: June 30, 2020 ~ u ththien— Chane ALLISON CLAIRE 12 UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28