Pelton v. Amador ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 SEAN MICHAEL PELTON, No. 2:22-cv-0485 AC P 12 Plaintiff, 13 v. ORDER 14 RICHARD AMADOR, et al., 15 Defendants. 16 17 Plaintiff, a county jail inmate proceeding pro se, has filed a civil rights action pursuant to 18 42 U.S.C. § 1983. Plaintiff has also filed an application to proceed in forma pauperis pursuant to 19 28 U.S.C. § 1915.1 ECF Nos. 1, 2. 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 //// 26 27 1 Because this matter is being transferred to the Northern District of California, the court does not address plaintiff’s in forma pauperis application, nor does it address his motion to change venue 28 and motion to file an addendum to the complaint. See ECF Nos. 2, 5, 6. 1 | this action, any judicial district in which any defendant is subject to the court’s personal 2 | jurisdiction with respect to such action.” 28 U.S.C. § 1391(b). 3 In this case, the defendant(s) are located, and the claim arose, in San Francisco County 4 || which 1s in the Northern District of California. Therefore, plaintiff's claim should have been filed 5 || in the United States District Court for the Northern District of California. In the interest of 6 || justice, a federal court may transfer a complaint filed in the wrong district to the correct district. 7 || See 28 U.S.C. § 1406(a); Starnes v. McGuire, 512 F.2d 918, 932 (D.C. Cir. 1974). 8 Accordingly, IT IS HEREBY ORDERED that this matter is TRANSFERRED to the 9 || United States District Court for the Northern District of California. 10 | DATED: March 28, 2022 ~ Chthwen— Clare ALLISON CLAIRE 12 UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28