(PC) Rowe v. Gomez
(PC) Rowe v. Gomez
Trial Court Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CURTIS ROWE, No. 2:24-cv-3163 CSK P 12 Plaintiff, 13 v. ORDER 14 GOMEZ, et al., 15 Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 18
42 U.S.C. § 1983. Plaintiff has filed an application to proceed in forma pauperis pursuant to 19
28 U.S.C. § 1915. 20 The federal venue statute provides that a civil action “may be brought in (1) a judicial 21 district in which any defendant resides, if all defendants are residents of the State in which the 22 district is located, (2) a judicial district in which a substantial part of the events or omissions 23 giving rise to the claim occurred, or a substantial part of property that is the subject of the action 24 is situated, or (3) if there is no district in which an action may otherwise be brought as provided in 25 this action, any judicial district in which any defendant is subject to the court’s personal 26 jurisdiction with respect to such action.”
28 U.S.C. § 1391(b). 27 In this case, the claim arose in Los Angeles County, which is in the Central District of 28 California. Therefore, plaintiff’s claim should have been filed in the United States District Court 1 | for the Central District of California. In the interest of justice, a federal court may transfer a 2 | complaint filed in the wrong district to the correct district. See
28 U.S.C. § 1406(a); Starnes v. 3 || 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 Central District of California. 6 7 || Dated: November 21, 2024 4 aA Aan Spe | CHI SOO KIM ? UNITED STATES MAGISTRATE JUDGE 10 i | oest6324 12 | ? 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Reference
- Status
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