Opinion
No. CIV S-08-0198 FCD DAD P.
February 19, 2008
ORDER
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 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, plaintiff alleges that on June 3, 2005, he was the victim of an attack at the California Men's Colony. He further alleges that he sustained facial and head trauma and that he has lost part of his memory as a result. Any defendants that plaintiff may identify in this action will likely be located in San Luis Obispo where his claim arose. San Luis Obispo is located in the Central District of California. Therefore, plaintiff should have filed his complaint 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 this matter is transferred to the United States District Court for the Central District of California.