(PC) Sams v. California Department of Corrections and Rehabilitation ( 2021 )

1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 FOR THE EASTERN DISTRICT OF CALIFORNIA 11 12 JAMES PLAS SAMS, No. 2:21-cv-0408 DB P 13 Plaintiff, 14 v. ORDER 15 CALIFORNIA DEPARTMENT OF CORRECTIONS AND 16 REHABILITATION, et al., 17 Defendants. 18 19 Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42 20 U.S.C. § 1983. Plaintiff has filed an application to proceed in forma pauperis pursuant to 28 21 U.S.C. § 1915. 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, the claim arose in Riverside County, which is in the Central District of 2 | California. Therefore, plaintiffs claim should have been filed in the United States District Court 3 | for the Central District of California. In the interest of justice, a federal court may transfer a 4 | complaint 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: March 22, 2021 9 10 ll ORAH BARNES mp UNITED STATES MAGISTRATE JUDGE 12 |} sams0408.21 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28