(PC) Torres v. Samuel ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JESUS TORRES, 1:21-cv-01715-HBK (PC) 12 Plaintiff, ORDER TRANSFERRING CASE TO THE 13 v. CENTRAL DISTRICT OF CALIFORNIA 14 DANNY SAMUEL, et al., 15 Defendant. 16 17 Before the Court is Plaintiff pro se complaint file under 42 U.S.C. § 1983 on December 3, 18 2021. (Doc. No. 1). Plaintiff did not pay the filing fee or accompany his complaint with an 19 application to proceed in forma pauperis. Plaintiff filed the complaint while he was incarcerated 20 in California Men’s Colony (CMC), located in San Luis Obispo, California. (See Id.). Although 21 the complaint is not the model of clarity, from its attachments and to the extent discernable, it 22 appears Plaintiff is challenging the denial of eligibility review for early parole or release while at 23 CMC on due process grounds. (Id. at 8). Because the events giving rise to the cause of action 24 occurred in San Luis Obispo County, which is in the Central District of California, and the 25 defendants identified appear to reside in that County, Plaintiff should have filed his complaint 26 there. See 28 U.S.C. § 1391(b); see also Ziegler v. Indian River County, 64 F.3d 470, 474 (9th 27 Cir. 1995) (reviewing federal court jurisdiction and venue in a § 1983 action). The Court finds it 28 in the interests of justice to transfer this case under 28 U.S.C. § 1406(a). 1 Accordingly, it is ORDERED: 2 The Clerk of Court is directed to transfer this action to the United States District Court for 3 | the Central District of California. 4 > | Dated: _ December 8. 2021 Mile. Th fareh Hack 6 HELENA M. BARCH-KUCHTA 4 UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 >