Cooks v. Mitchell

Full title: CHARLES REGINALD COOKS, Plaintiff, v. CRAIG J. MITCHELL, Defendant.

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

Date published: Nov 23, 2015

2:15-cv-2403-EFB P (E.D. Cal. Nov. 23, 2015)

Opinion

CHARLES REGINALD COOKS, Plaintiff, v. CRAIG J. MITCHELL, Defendant. No. 2:15-cv-2403-EFB P United States District Court, E.D. California. November 23, 2015

          ORDER

          EDMUND F. BRENNAN, Magistrate Judge.

         Plaintiff is a state prisoner proceeding without counsel in a civil action. His complaint arises out of events that occurred in Los Angeles County. He seeks leave to proceed in forma pauperis.

         A civil action, other than one based on diversity jurisdiction, must be brought 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).

         Because Los Angeles County lies within the venue of the Western Division of the Central District of California, venue properly lies in that district and not in this one. See 28 U.S.C. § 1391(b); 28 U.S.C. § 84(c)(2).

         Accordingly, IT IS HEREBY ORDERED that this case is transferred to the Western Division of United States District Court for the Central District of California. See 28 U.S.C. § 1406(a).