Opinion
1:12-cv-01919-SKO (PC)
11-27-2012
PATRICK JACKSON, Plaintiff, v. DONALD C. POMPAN, et al., Defendants.
ORDER TRANSFERRING CASE TO THE
NORTHERN DISTRICT OF CALIFORNIA
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 the 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).
Given that the events arose in Monterey County and no defendant resides in this district, Plaintiff's complaint should have been filed in the United States District Court for the Northern District of California. See Costlow v. Weeks, 790 F.2d 1486, 1488 (9th Cir. 1986) (court may raise defective venue sua sponte). Accordingly, this action is HEREBY ORDERED TRANSFERRED to the United States District Court for the Northern District of California. IT IS SO ORDERED.
Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE