Opinion
No. 2:11-cv-02189-KJN P
08-23-2011
LEONARD JONES, Plaintiff, v. SAN LUIS OBISPO SUPERIOR COURT, et al., Defendants.
ORDER
On August 17, 2011, plaintiff, a state prisoner proceeding without counsel in an apparent civil rights action pursuant to 42 U.S.C. § 1983, filed a motion for preliminary injunction; there have been no other filings in this action.
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, none of the defendants reside in this district. The claim allegedly arose in San Luis Obispo County, which is in the Central District of California. Therefore, plaintiff's motion should have been filed in the United States District Court for the Central District of California. In the interests of justice, a federal court may transfer an action 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:
1. This court has not ruled on plaintiff's motion for preliminary injunction; and
2. This matter is transferred to the United States District Court for the Central District of California.
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE
jone2189.21