Opinion
23-cv-00605-HSG
02-22-2023
In re ISMAEL ANTONIO MURPHY-RICHARDSON.
ORDER OF TRANSFER
HAYWOOD S. GILLIAM, JR. UNITED STATES DISTRICT JUDGE
Plaintiff, an inmate housed at Arizona State Prison Complex Eyman in Florence, Arizona, has filed a pleading titled “Motion for Withdrawal of Guilty Plea.” Dkt. No. 1. Plaintiff appears to be seeking relief related to his Arizona state court proceedings. Dkt. No. 1. Section 1391(b) of the United States Code, title 28, provides that venue for a civil action is proper in either the judicial district in which any defendant resides or in the judicial district in which a substantial part of the events or omissions giving rise to the claim occurred. 28 U.S.C. § 1391(b). The challenged event - Plaintiff's state court proceedings - did not occur in this district. Plaintiff resides in Arizona and the relevant event occurred in Arizona. Venue therefore properly lies in the District of Arizona. See 28 U.S.C. §§ 83, 1391(b). Accordingly, IT IS ORDERED that, in the interest of justice and pursuant to 28 U.S.C. § 1406(a), this action be TRANSFERRED to the United States District Court for Arizona. The Clerk is directed to close this case.
The Clerk has informed Petitioner that this action is deficient because he has not filed a complete complaint on the proper form, and because he has neither paid the filing fee nor obtained leave to proceed in forma pauperis. Dkt. Nos. 2, 3.
IT IS SO ORDERED.