Erik Taylor v. Merin

United States District Court for the Central District of California

Erik Taylor v. Merin

Trial Court Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ERIK TAYLOR, Case No. 1:25-cv-00297-CDB (PC)

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

14 MERIN, et al., (Doc. 1)

15 Defendants. 16 17 Plaintiff Erik Taylor (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights 18 action brought pursuant to

42 U.S.C. § 1983

. (Doc. 2). Plaintiff alleges Defendants Merin, Merin, 19 and Heller, officers of the Los Angeles Police Department, violated his civil rights. (See Doc. 1). 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, Plaintiff seeks relief in connection with a search conducted by officers of the 28 Los Angeles Police Department. Because a substantial part of the events giving rise to Plaintiff’s 1 | claim occurred in Los Angeles County and because the defendants allegedly are (or were) 2 | members of the Los Angeles Police Department, Plaintiff's action should have been filed in the 3 | United States District Court for the Central District of California. 4 In the interest of justice, a federal court may transfer a complaint filed in the wrong 5 || district to the correct district. See

28 U.S.C. § 1406

(a); Starnes v. McGuire,

512 F.2d 918

, 932 6 | (D.C. Cir. 1974). 7 Accordingly, IT IS HEREBY ORDERED that this case is transferred to the U.S. District 8 || Court for the Central District of California. See

28 U.S.C. § 1404

(a). 9 | □□ ORDERED. '0 | Dated: _ March 13, 2025 | hr 11 UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Reference

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