Automated Summary
Key Facts
Plaintiff, a state prisoner proceeding pro se, filed a civil rights action pursuant to 42 U.S.C. § 1983 in the Eastern District of California. The claim arose in Alameda County, which is within the Northern District of California. Because the venue was improper, the court ordered the matter transferred to the United States District Court for the Northern District of California pursuant to 28 U.S.C. § 1406(a).
Issues
The court addressed whether the civil rights action filed by a state prisoner should be transferred from the United States District Court for the Eastern District of California to the Northern District of California, as the claim arose in Alameda County, which falls within the Northern District's jurisdiction under 28 U.S.C. § 1406(a).
Holdings
The court has determined that the plaintiff's civil rights action should be transferred from the Eastern District of California to the Northern District of California. The claim arose in Alameda County, which is in the Northern District of California, making that the proper venue under federal venue statutes. The court ordered the transfer in the interest of justice pursuant to 28 U.S.C. § 1406(a).
Legal Principles
The court applied 28 U.S.C. § 1391(b) regarding venue requirements and 28 U.S.C. § 1406(a) regarding transfer of complaints filed in the wrong district. The claim arose in Alameda County, Northern District of California, so the case was ordered transferred to the correct district.
Precedent Name
Starnes v. McGuire
Cited Statute
- Civil Rights Act
- In forma pauperis application
- Transfer of complaints statute
- Federal venue statute
Judge Name
Carolyn K. Delaney
Passage Text
- Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff has filed an application to proceed in forma pauperis pursuant to 28 U.S.C. § 1915.
- In this case, the claim arose in Alameda County, which is in the Northern District of California. Therefore, plaintiff's claim should have been filed in the United States District Court for the Northern District of California.
- Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the United States District Court for the Northern District of California.