Opinion
23-cv-03803-DMR (PR)
08-07-2023
DIAUNTAE JAMAR MONTGOMERY, Plaintiff, v. ALEX VILLANUEVA, et al., Defendants.
ORDER OF TRANSFER
DONNA M. RYU, Chief Magistrate Judge
Plaintiff, an inmate at the Los Angeles County Jail, has filed a pro se civil rights action pursuant to 42 U.S.C. § 1983. Dkt. 1. He has not filed a completed in forma pauperis application. Instead, he filed a request to waive court fees. Dkt. 4.
Plaintiff's claims stem from alleged constitutional violations involving officials from the Los Angeles County Sheriff's Department. Thus, the acts complained of occurred in Los Angeles County, which lies within the venue of the Central District of California, and it appears that Defendants reside in that district. Venue, therefore, properly lies in that district and not in this one. See 28 U.S.C. § 1391(b).
Accordingly, in the interest of justice and pursuant to 28 U.S.C. § 1406(a), this action is TRANSFERRED to the Western Division of the United States District Court for the Central District of California. The Clerk of the Court shall transfer the case forthwith.
Venue transfer is a non-dispositive matter and, thus, it falls within the scope of the jurisdiction of the undersigned Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(A).
If Plaintiff wishes to further pursue this action, he must complete the in forma pauperis application required by the United States District Court for the Central District of California and mail it to that district.
All pending motions are TERMINATED on this court's docket as no longer pending in this district, including plaintiff's request to waive court fees. Dkt. 4.
IT IS SO ORDERED.