(PC) Graves v. Allison ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 LARRY ALLEN GRAVES, JR., Case No. 1:23-cv-01481-BAM (PC) 12 Plaintiff, ORDER TRANSFERRING CASE TO THE CENTRAL DISTRICT OF CALIFORNIA 13 v. 14 ALLISON, et al., 15 Defendants. 16 17 Plaintiff Larry Allen Graves, Jr. (“Plaintiff”), a state prisoner proceeding pro se, has filed 18 a civil rights action pursuant to 42 U.S.C. § 1983, together with a motion to proceed in forma 19 pauperis. (ECF Nos. 1, 2.) 20 The federal venue statute requires that a civil action, other than one based on diversity 21 jurisdiction, be brought only in “(1) a judicial district where any defendant resides, if all 22 defendants are residents of the State in which the district is located, (2) a judicial district in which 23 a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part 24 of the property that is the subject of the action is situated, or (3) if there is no district in which an 25 action may otherwise be brought as provided in this section, any judicial district in which any 26 defendant is subject to the court’s personal jurisdiction with respect to such action.” 28 U.S.C. 27 § 1391(b). 28 /// 1 In this case, none of the defendants reside in this district. It appears the claim arose in 2 Riverside County, which is in the Central District of California. Therefore, Plaintiff’s claim 3 should have been filed in the United States District Court for the Central District of California. In 4 the interest of justice, a federal court may transfer a complaint filed in the wrong district to the 5 correct district. See 28 U.S.C. § 1406(a); Ravelo Monegro v. Rosa, 211 F.3d 509, 512 (9th Cir. 6 2000). 7 Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the United 8 States District Court for the Central District of California. The Court has not ruled on Plaintiff’s 9 motion to proceed in forma pauperis. 10 IT IS SO ORDERED. 11 12 Dated: October 17, 2023 /s/ Barbara A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28