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Brown v. Mantel

United States District Court, E.D. California
Feb 22, 2006
No. Civ S-06-0098 FCD GGH P (E.D. Cal. Feb. 22, 2006)

Opinion

No. Civ S-06-0098 FCD GGH P.

February 22, 2006


ORDER


Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42 U.S.C. § 1983.

The federal venue statute requires that a civil action, other than one based on diversity jurisdiction, be brought only in "(1) a judicial district where any defendant resides, if all defendants reside in the same State, (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) a judicial district in which any defendant may be found, if there is no district in which the action may otherwise be brought." 28 U.S.C. § 1391(b).

In this case, the defendants are located and the claim arose in Monterey County, 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

Brown v. Mantel

United States District Court, E.D. California
Feb 22, 2006
No. Civ S-06-0098 FCD GGH P (E.D. Cal. Feb. 22, 2006)
Case details for

Brown v. Mantel

Case Details

Full title:JOHNNIE L. BROWN, Plaintiff, v. D.J. MANTEL, et al., Defendants

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

Date published: Feb 22, 2006

Citations

No. Civ S-06-0098 FCD GGH P (E.D. Cal. Feb. 22, 2006)