(PC) Turner v. Modrigal

United States District Court for the Eastern District of California

(PC) Turner v. Modrigal

Trial Court Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ANTHONY R. TURNER, Case No. 2:23-cv-02528-DAD-JDP (PC) 12 Plaintiff, ORDER 13 v. TRANSFERRING THIS ACTION TO THE UNITED STATES DISTRICT COURT, 14 MODRIGAL, NORTHERN DISTRICT OF CALIFORNIA 15 Defendant. 16 17 Plaintiff, a county inmate proceeding pro se, has filed a civil rights action under 42 U.S.C. 18 §1983. Plaintiff has filed an application to proceed in forma pauperis pursuant to 28 U.S.C. 19 §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 Contra Costa County, which is in the Northern District of 28 1 | California.’ Therefore, plaintiff's claim should have been filed in the United States District Court 2 | forthe Northern District of California. In the interest of justice, a federal court may transfer a 3 | complaint filed in the wrong district to the correct district. See

28 U.S.C. § 1406

(a); Starnes v. 4 | McGuire,

512 F.2d 918, 932

(D.C. Cir. 1974). 5 Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the United 6 | States District Court for the Northern District of California. 7 | IT IS SO ORDERED. 8 / . 9 | Dated: _ April 17, 2024 ssn (oto. ya JEREMY D. PETERSON 10 UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 *6 ' While the complaint refers to Vallejo County officers, the complaint names only one 27 || defendant, Contra Costa Sheriff's Deputy Madrigal and according to attached documents, the incident at issue occurred at the West County Detention Facility, which is located in Contra Costa 28 | County.

Reference

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