Steven Hamm v. Department of State Hospital, Napa, et al.

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

STEVEN HAMM, No. 2:18-cv-0349 CKD P

Plaintiff, v. ORDER

DEPARTMENT OF STATE HOSPITAL,

NAPA, et al.,

Defendants.

Plaintiff, a civil detainee proceeding pro se, has filed a civil rights action pursuant to 42 18 U.S.C. § 1983. The federal venue statute provides that a civil action “may be brought in (1) a judicial district in which any defendant resides, if all defendants are residents of the State in which the district is located, (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) if there is no district in which an action may otherwise be brought as provided in this action, any judicial district in which any defendant is subject to the court’s personal jurisdiction with respect to such action.” 28 U.S.C. § 1391(b).

The events giving rise to plaintiff’s claims occurred in Napa County, which lies within the jurisdiction of the United States District Court for the Northern District of California and there does not appear to be any basis for venue within the Eastern District. In the interest of justice, a ///// federal court may transfer a complaint filed in the wrong district to the correct district. See 28 1 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 Northern District of California.

Dated: February 20, 2018 / /,

CAROLYN K. DELANEY

UNITED STATES MAGISTRATE JUDGE imp hamm0349.21