(PC) Rojas v. California Department of Correction and Rehabilitation ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ROBERT EUGENE ROJAS, 1:22-cv-00779 BAK (GSA) (PC) 12 Plaintiff, ORDER TRANSFERRING CASE TO THE 13 v. NORTHERN DISTRICT OF CALIFORNIA 14 CALIFORNIA DEPARTMENT OF CORRECTION AND 15 REHABILITATION, 16 Defendant. 17 18 Plaintiff Robert Eugene Rojas, a state prisoner proceeding pro se, has filed a civil rights 19 action pursuant to 42 U.S.C. § 1983. 20 The federal venue statute requires that a civil action, other than one based on diversity 21 jurisdiction, be brought only in “(1) a judicial district where any defendant resides, if all 22 defendants are residents of the State in which the district is located, (2) a judicial district in which 23 a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part 24 of the property that is the subject of the action is situated, or (3) if there is no district in which an 25 action may otherwise be brought as provided in this section, any judicial district in which any 26 defendant is subject to the court’s personal jurisdiction with respect to such action.” 28 U.S.C. § 27 1391(b). 28 // 1 In this action none of the defendants reside in this district. The claim arose in Marin 2 County, which is in the Northern District of California. Therefore, Plaintiff’s complaint should 3 have been filed in the United States District Court for the Northern District of California. In the 4 interest of justice a federal court may transfer a complaint filed in the wrong district to the correct 5 district. See 28 U.S.C. § 1406(a); Starnes v. McGuire, 512 F.2d 918, 932 (D.C. Cir. 1974). 6 Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the United 7 States District Court for the Northern District of California. 8 IT IS SO ORDERED. 9 10 Dated: June 29, 2022 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28