(PC) Jefferson v. Herrera ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 TYRECE JEFFERSON, No. 2:24-cv-0017 CKD P 12 Plaintiff, 13 v. ORDER 14 J. HERRERA, 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. The federal venue statute provides that a civil action “may be brought in (1) a 19 judicial district in which any defendant resides, if all defendants are residents of the State in 20 which the district is located, (2) a judicial district in which a substantial part of the events or 21 omissions giving rise to the claim occurred, or a substantial part of property that is the subject of 22 the action is situated, or (3) if there is no district in which an action may otherwise be brought as 23 provided in this action, any judicial district in which any defendant is subject to the court’s 24 personal jurisdiction with respect to such action.” 28 U.S.C. § 1391(b). 25 In this case, the claim arose in San Luis Obispo County, which is in the Central District of 26 California, and it does not appear any defendant resides within this district. Therefore, plaintiff’s 27 claims should have been filed in the United States District Court for the Central District of 28 California. In the interest of justice, a federal court may transfer a complaint filed in the wrong 1 | district to the correct district. See 28 U.S.C. § 1406(a); Starnes v. McGuire, 512 F.2d 918, 932 2 | (D.C. Cir. 1974). 3 Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the United 4 || States District Court for the Central District of California. 5 | Dated: January 8, 2024 aie } Kt | Ld , a sia 6 CAROLYN DELANEY? SS 7 UNITED STATES MAGISTRATE JUDGE 8 9 10 | jef0017.21 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28