(PC) Perez v. Diaz ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RAUL PEREZ, No. 2:20-cv-2142 KJM KJN P 12 Plaintiff, 13 v. ORDER 14 RALPH DIAZ, et al., 15 Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42 18 U.S.C. § 1983. Plaintiff filed an application to proceed in forma pauperis pursuant to 28 U.S.C. 19 § 1915. Plaintiff claims, inter alia, that while housed at Ironwood State Prison, he was targeted 20 for early morning cell searches based on race, and he and other inmates were not allowed to 21 pursue group appeals. (ECF No. 1.) 22 The federal venue statute provides that a civil action “may be brought in (1) a judicial 23 district in which any defendant resides, if all defendants are residents of the State in which the 24 district is located, (2) a judicial district in which a substantial part of the events or omissions 25 giving rise to the claim occurred, or a substantial part of property that is the subject of the action 26 is situated, or (3) if there is no district in which an action may otherwise be brought as provided in 27 this action, any judicial district in which any defendant is subject to the court’s personal 28 jurisdiction with respect to such action.” 28 U.S.C. § 1391(b). 1 In this case, plaintiffs claims arose in Riverside County, which is in the Central District 2 | of California. Therefore, plaintiff's claims should have been filed in the United States District 3 | Court for the Central District of California. In the interest of justice, a federal court may transfer 4 | acomplaint filed in the wrong district to the correct district. See 28 U.S.C. § 1406(a); Starnes v. 5 | McGuire, 512 F.2d 918, 932 (D.C. Cir. 1974). 6 Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the United 7 | States District Court for the Central District of California. 8 || Dated: December 3, 2020 Fesll Arn 10 KENDALL J. NE jpere2142.21a UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28