(PC) Flynn v. Morgen ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 GIRARD FLYNN, No. 2:23-cv-02083-JDP (PC) 12 Plaintiff, 13 v. ORDER 14 YAO COHEN MORGEN, 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. Plaintiff has neither filed an application to proceed in forma pauperis pursuant to 19 28 U.S.C. § 1915 nor paid the filing fee for this action. 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 defendants are located, and the claim arose, in Marin County, which is in 28 the Northern District of California. Therefore, plaintiff’s complaint should have been filed in the 1 | United States District Court for the Northern District of California. In the interest of justice, a 2 | federal court may transfer a complaint filed in the wrong district to the correct district. See 28 3 | U.S.C. § 1406(a); Starnes v. 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 7 IT IS SO ORDERED. Dated: _ September 27, 2023 q———_ 9 JEREMY D. PETERSON 10 UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28