(PC) Diggs v. Contra Costa County Jail Food Services, West County Jail ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LOUIS DIGGS, No. 2:22-cv-0905 CKD P 12 Plaintiff, 13 v. ORDER 14 CONTRA COSTA COUNTY JAIL FOOD SERVICES AT WEST COUNTY JAIL, 15 Defendant. 16 17 18 Plaintiff, a Contra Costa County Jail inmate proceeding pro se, has filed a civil rights 19 action pursuant to 42 U.S.C. § 1983. The federal venue statute provides that a civil action “may 20 be brought in (1) a judicial district in which any defendant resides, if all defendants are residents 21 of the State in which the district is located, (2) a judicial district in which a substantial part of the 22 events or omissions giving rise to the claim occurred, or a substantial part of property that is the 23 subject of the action is situated, or (3) if there is no district in which an action may otherwise be 24 brought as provided in this action, any judicial district in which any defendant is subject to the 25 court’s personal jurisdiction with respect to such action.” 28 U.S.C. § 1391(b). 26 In this case, plaintiff’s claim arose in Contra Costa County and defendant is located there. 27 Contra Costa County lies within the jurisdiction of the Northern District of California. Therefore, 28 plaintiff’s claim should have been filed in the United States District Court for the Northern 1 | District. In the interest of justice, a federal court may transfer a complaint filed in the wrong 2 || district to the correct district. See 28 U.S.C. § 1406(a); Starnes v. McGuire, 512 F.2d 918, 932 3 | (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: June 1, 2022 Cad □ ht fa □□ he 7 CAROLYN K DELANEY 8 UNITED STATES MAGISTRATE JUDGE 9 10 11 I/mp digg0905.21 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28