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Lee v. Mayburg

United States District Court, E.D. California
Feb 27, 2006
No. CIV S-05-1452 FCD PAN P (E.D. Cal. Feb. 27, 2006)

Opinion

No. CIV S-05-1452 FCD PAN P.

February 27, 2006


ORDER


Plaintiff is an individual detained under California's Sexually Violent Predator Act proceeding pro se and in forma pauperis with 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).

Plaintiff challenges aspects of civil commitment proceedings commenced against him while he was incarcerated at Chuckawalla Valley State Prison, which is in Riverside County, and continuing through periods of confinement at Atascadero State Hospital, which is in San Luis Obispo County, and the Los Angeles County Jail, which is in Los Angeles County and where plaintiff is presently confined. All of these counties are in the Central District of California. Therefore, plaintiff's claim should have been filed in the United States District Court for the Central 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:

1. Plaintiff's August 1, 2005 motion for stay of state court proceedings, plaintiff's October 24, 2005 motion for temporary restraining order, and plaintiff's February 17, 2006 motion for appointment of counsel are all denied without prejudice to renewal, as appropriate, following transfer of this action; and

2. This matter is transferred to the United States District Court for the Central District of California.


Summaries of

Lee v. Mayburg

United States District Court, E.D. California
Feb 27, 2006
No. CIV S-05-1452 FCD PAN P (E.D. Cal. Feb. 27, 2006)
Case details for

Lee v. Mayburg

Case Details

Full title:RON LEE, Plaintiff, v. STEPHEN MAYBURG, et al., Defendants

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

Date published: Feb 27, 2006

Citations

No. CIV S-05-1452 FCD PAN P (E.D. Cal. Feb. 27, 2006)