(PC) Smith v. Elmwood Correctional Facility ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 NICOLE SMITH, et al. No. 2:23-cv-0620 CKD P 12 Plaintiffs, 13 v. ORDER 14 ELMWOOD CORRECTIONAL FACILITY, et al. 15 Defendants. 16 17 18 Plaintiffs have filed a civil rights action pursuant to 42 U.S.C. § 1983. The federal venue 19 statute provides that a civil action “may be brought in (1) a judicial district in which any 20 defendant resides, if all defendants are residents of the State in which the district is located, (2) a 21 judicial district in which a substantial part of the events or omissions giving rise to the claim 22 occurred, or a substantial part of property that is the subject of the action is situated, or (3) if there 23 is no district in which an action may otherwise be brought as provided in this action, any judicial 24 district in which any defendant is subject to the court’s personal jurisdiction with respect to such 25 action.” 28 U.S.C. § 1391(b). 26 In this case, the claims arose in Santa Clara County, which is in the Northern District of 27 California and no defendant appears to reside in this district. Therefore, plaintiffs’ claims should 28 have been filed in the United States District Court for the Northern 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, IT IS HEREBY ORDERED that this matter is transferred to the United 4 | States District Court for the Northern District of California. 5 | Dated: April 6, 2023 Card ft 4 by ae 6 CAROLYN K DELANEY? 7 UNITED STATES MAGISTRATE JUDGE 8 9 10 1 smit0620.21 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28