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Carroll v. Christoff

United States District Court, Northern District of California
Dec 20, 2021
2:21-cv-2326 CKD P (N.D. Cal. Dec. 20, 2021)

Opinion

2:21-cv-2326 CKD P

12-20-2021

DWIGHT CARROLL, Plaintiff, v. KIRBY CHRISTOFF, et al., Defendants.


ORDER

CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE

Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42 U.S.C. § 1983. 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's claims arose in Marin County and it appears defendants reside there. Marin County lies within the jurisdiction of 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

Carroll v. Christoff

United States District Court, Northern District of California
Dec 20, 2021
2:21-cv-2326 CKD P (N.D. Cal. Dec. 20, 2021)
Case details for

Carroll v. Christoff

Case Details

Full title:DWIGHT CARROLL, Plaintiff, v. KIRBY CHRISTOFF, et al., Defendants.

Court:United States District Court, Northern District of California

Date published: Dec 20, 2021

Citations

2:21-cv-2326 CKD P (N.D. Cal. Dec. 20, 2021)