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Page v. Navarrete

United States District Court, Northern District of California
Mar 4, 2024
2:23-cv-2795 DB P (N.D. Cal. Mar. 4, 2024)

Opinion

2:23-cv-2795 DB P

03-04-2024

RICHARD LAWRENCE PAGE, Plaintiff, v. JORGE NAVARRETE, Defendant.


ORDER

DEBORAH BARNES, UNITED STATES MAGISTRATE JUDGE

Plaintiff, a state prisoner proceeding pro se, filed a civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff also filed an application to proceed in forma pauperis pursuant to 28 U.S.C. § 1915.

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, the claim arose in the City and County of San Francisco, which is in the Northern District of California. Therefore, plaintiff's claim should have been filed in the United States District Court for the Northern District of California. In the interest of justice, a federal court may transfer a complaint filed in the wrong district to the correct 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 Northern District of California.


Summaries of

Page v. Navarrete

United States District Court, Northern District of California
Mar 4, 2024
2:23-cv-2795 DB P (N.D. Cal. Mar. 4, 2024)
Case details for

Page v. Navarrete

Case Details

Full title:RICHARD LAWRENCE PAGE, Plaintiff, v. JORGE NAVARRETE, Defendant.

Court:United States District Court, Northern District of California

Date published: Mar 4, 2024

Citations

2:23-cv-2795 DB P (N.D. Cal. Mar. 4, 2024)