(PC) Everett v. Brond ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 RICHARD C. EVERETT, Case No. 1:20-cv-01496-EPG (PC) 12 Plaintiff, ORDER TRANSFERRING CASE TO THE 13 v. CENTRAL DISTRICT OF CALIFORNIA 14 PAROLE BROND, et al., 15 Defendants. 16 17 Plaintiff, who is proceeding pro se, has filed a civil rights action pursuant to 42 U.S.C. 18 § 1983, together with an application to proceed in forma pauperis pursuant to 28 U.S.C. § 1915 19 The federal venue statute requires that a civil action, other than one based on diversity 20 jurisdiction, be brought only in: “(1) a judicial district in which any defendant resides, if all 21 defendants are residents of the State in which the district is located; (2) a judicial district in which 22 a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part 23 of property that is the subject of the action is situated; or (3) if there is no district in which an 24 action may otherwise be brought as provided in this section, any judicial district in which any 25 defendant is subject to the court’s personal jurisdiction with respect to such action.” 28 U.S.C. § 26 1391(b). 27 In this case, the defendants do not appear to reside in this district. Plaintiff alleges that the 28 1 | violation of his rights occurred at Atascadero State Hospital and appears to sue employees of 2 | Atascadero State Hospital. Atascadero State Hospital is in San Luis Obispo County, which is in 3 | the Central District of California. Additionally, the claim(s) appear to have arisen in San Luis 4 | Obispo County. Therefore, Plaintiffs claims should have been filed in the United States District 5 | Court for the Central District of California. In the interest of justice, a federal court may transfer 6 | acomplaint filed in the wrong district to the correct district. 28 U.S.C. § 1406(a). See also 7 | Starnes v. McGuire, 512 F.2d 918, 932 (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. 10 IT IS SO ORDERED. 12 | Dated: _ October 27, 2020 [Je heey B UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28