(PC) Silva v. City and County of San Francisco

United States District Court for the Eastern District of California

(PC) Silva v. City and County of San Francisco

Trial Court Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DANIEL RICARDO SILVA, No. 2:25-cv-1466 CKD P 12 Plaintiff, 13 v. ORDER 14 CITY AND COUNTY OF SAN FRANCISCO, et al., 15 Defendants. 16

17 18 Plaintiff, a Yolo County prisoner proceeding pro se, has filed a civil rights action pursuant 19 to

42 U.S.C. § 1983

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

28 U.S.C. § 1391

(b). 26 In this case, none of the defendants reside in this district and the claims arose in San 27 Francisco County. San Francisco County is within the jurisdiction of the United States District 28 for the Northern District of California. In the interest of justice, a federal court may transfer a 1 || complaint filed in the wrong district to the correct district. See

28 U.S.C. § 1406

(a); Starnes v. 2 | McGuire,

512 F.2d 918, 932

(D.C. Cir. 1974). 3 Accordingly, in the interest of justice, IT IS HEREBY ORDERED that this matter is 4 | transferred to the United States District Court for the Northern District of California. 5 | Dated: June 5, 2025 Card ht fa he 6 CAROLYN K DELANEY? 7 UNITED STATES MAGISTRATE JUDGE 8 9 10 1 silv 1466.21

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Reference

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