Turner v. Reden

United States District Court for the Northern District of California

Turner v. Reden

Trial Court Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ANTHONY R. TURNER, 1:24-cv-01333-SKO (PC)

12 Plaintiff, ORDER TRANSFERRING CASE TO THE 13 v. NORTHERN DISTRICT OF CALIFORNIA

14 REDEN et al,

15 Defendant.

16 17 Plaintiff, a patient at Napa State Hospital proceeding pro se, has filed a civil rights action 18 pursuant to

42 U.S.C. § 1983

. 19 The federal venue statute requires that a civil action, other than one based on diversity 20 jurisdiction, be brought only in “(1) a judicial district where any defendant resides, if all 21 defendants are residents of the State in which the district is located, (2) a judicial district in which 22 a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part 23 of the property that is the subject of the action is situated, or (3) if there is no district in which an 24 action may otherwise be brought as provided in this section, any judicial district in which any 25 defendant is subject to the court’s personal jurisdiction with respect to such action.”

28 U.S.C. § 26

1391(b). 27 Here, none of the defendants reside in this district. The claims arose in Napa County, 28 which is in the Northern District of California. Therefore, Plaintiff’s claims should have been 1 filed in the United States District Court for the Northern District of California. In the interest of 2 justice, a federal court may transfer a complaint filed in the wrong district to the correct district. 3 See

28 U.S.C. § 1406

(a); Starnes v. McGuire,

512 F.2d 918, 932

(D.C. Cir. 1974). 4 Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the United 5 States District Court for the Northern District of California. 6 IT IS SO ORDERED. 7 8 Dated: November 1, 2024 /s/ Sheila K. Oberto . UNITED STATES MAGISTRATE JUDGE 9

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Reference

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