(PC) Rod A. Huff v. Kaye ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ROD ANTHONY HUFF, Case No. 1:21-cv-01387 JLT (PC) 12 Plaintiff, ORDER TRANSFERRING CASE TO THE 13 v. CENTRAL DISTRICT OF CALIFORNIA 14 RICHARD OWEN KAYE, et al., 15 Defendant. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action under 42 U.S.C. 18 § 1983. 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 where 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 the 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 None of the defendants named in this action reside in this district. The claim arose in Los 27 Angeles County, which is in the Central District of California. Therefore, plaintiff’s claim should 28 have been filed in the United States District Court for the Central District of California. In the 1 interest of justice, a federal court may transfer a complaint filed in the wrong district to the 2 correct district. See 28 U.S.C. § 1406(a); Starnes v. McGuire, 512 F.2d 918, 932 (D.C. Cir. 1974). 3 Accordingly, the Court ORDERS that this matter is transferred to the United States District Court 4 for the Central District of California. 5 IT IS SO ORDERED. 6 7 Dated: September 23, 2021 _ /s/ Jennifer L. Thurston CHIEF UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28