Dearwester v. California Department of Corrections and Rehabilition

Full title: FRANK LEE DEARWESTER, Plaintiff, v. CALIFORNIA DEPARTMENT OF CORRECTIONS…

Court: United States District Court, Ninth Circuit, California, E.D. California

Date published: Mar 5, 2015

2:15-cv-0456 CKD P (E.D. Cal. Mar. 5, 2015)

Opinion

FRANK LEE DEARWESTER, Plaintiff, v. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITION, Defendant. No. 2:15-cv-0456 CKD P United States District Court, E.D. California. March 5, 2015

          ORDER

          CAROLYN K. DELANEY, Magistrate Judge.

         Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42 U.S.C. § 1983, together with a request to proceed in forma pauperis. The federal venue statute provides that a civil action "may be brought in (1) a judicial district in which any defendant resides, if all defendants are residents of the State in which the district is located, (2) a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated, or (3) if there is no district in which an action may otherwise be brought as provided in this action, any judicial district in which any defendant is subject to the court's personal jurisdiction with respect to such action." 28 U.S.C. § 1391(b).

         In this case, plaintiff identifies only Doe defendants, but it is clear his claim arose in Los Angeles County, which lies within the jurisdiction of the United States District Court for the Central District of California. In the interest of justice, this matter will be transferred to the Central District. See 28 U.S.C. § 1406(a); Starnes v. McGuire, 512 F.2d 918, 932 (D.C. Cir. 1974).

         Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the United States District Court for the Central District of California.