Gaines v. Greigore

8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA JACOBI GAINES, No. 2:23-cv-2705 AC P 12 Plaintiff, 13 v. ORDER KARL GREIGORE, 15 Defendant.

17 Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42 18 U.S.C. § 1983. Plaintiff has filed an application to proceed in forma pauperis pursuant to 28 19 U.S.C. § 1915.

20 The federal venue statute provides that 21 [a] civil action may be brought in— 22 (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 24 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 26 as provided in this action, any judicial district in which any defendant is subject to the court’s personal jurisdiction with respect to such 27 action.

28 28 U.S.C. § 1391(b).

1 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. 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).

6 Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the United || States District Court for the Northern District of California.

8 || DATED: November 27, 2023 ~ 9 HtAten— Aare ALLISON CLAIRE 10 UNITED STATES MAGISTRATE JUDGE