(PC) Serrano v. LA County Sheriffs Dept. ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ERICK SERRANO, Case No. 2:23-cv-00740-JDP (PC) 12 Plaintiff, 13 v. ORDER 14 LOS ANGELES COUNTY SHERIFF’S DEPARTMENT, 15 Defendant. 16 17 18 Plaintiff, a state prisoner proceeding without counsel, has filed a civil rights action 19 pursuant to 42 U.S.C. § 1983. 20 The federal venue statute requires that a civil action be brought in “(1) a judicial district 21 where any defendant resides, if all defendants are residents of the State in which the district is 22 located, (2) a judicial district in which a substantial part of the events or omissions giving rise to 23 the claim occurred, or a substantial part of the property that is the subject of the action is situated, 24 or (3) if there is no district in which an action may otherwise be brought as provided in this 25 section, any judicial district in which any defendant is subject to the court’s personal jurisdiction 26 with respect to such action.” 28 U.S.C. § 1391(b). 27 In this case, no defendant resides in this district, and plaintiff’s claims arose in Los 28 Angeles County in the Central District of California. See 28 U.S.C. § 84(c)(2). This action 1 | should have been filed in the U.S. District Court for the Central District of California. In the 2 | interest of justice, a federal court may transfer a complaint filed in the wrong district to the 3 || correct district. See 28 U.S.C. § 1406(a); Starnes v. McGuire, 512 F.2d 918, 932 (D.C. Cir. 4 1974). 5 Accordingly, it is hereby ORDERED that this matter is transferred to the U.S. District 6 | Court for the Central District of California. 7 3 IT IS SO ORDERED. ° Dated: _ April 25, 2023 ssn (oto. Sa 10 JEREMY D,. PETERSON UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28