(PC) DePonte v. Bierman ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DAVID ARTHUR DEPONTE, No. 2:23-cv-0942 DB P 12 Plaintiff, 13 v. ORDER 14 MIRNA BIERMAN 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. (ECF No. 1.) Plaintiff has filed an application to proceed in forma pauperis 19 pursuant to 28 U.S.C. § 1915. (ECF No. 2.) 20 The federal venue statute provides that a civil action “may be brought in (1) a judicial 21 district in which any defendant resides, if all defendants are residents of the State in which the 22 district is located, (2) a judicial district in which a substantial part of the events or omissions 23 giving rise to the claim occurred, or a substantial part of property that is the subject of the action 24 is situated, or (3) if there is no district in which an action may otherwise be brought as provided in 25 this action, any judicial district in which any defendant is subject to the court’s personal 26 jurisdiction with respect to such action.” 28 U.S.C. § 1391(b). 27 In this case, the claim arose in Monterey County, which is in the Northern District of 28 California. Therefore, plaintiff’s claim should have been filed in the United States District Court 1 | forthe Northern District of California. In the interest of justice, a federal court may transfer a 2 | complaint filed in the wrong district to the correct district. See 28 U.S.C. § 1406(a); Starnes v. 3 | McGuire, 512 F.2d 918, 932 (D.C. Cir. 1974). 4 Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the United 5 | States District Court for the Northern District of California. 6 | Dated: July 25, 2023 7 8 peas EB ORAH BARNES □□ UNITED STATES MAGISTRATE JUDGE 10 DB/DB Prisoner Inbox/Civil Rights/R/depo0942.21 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28