Jose Roberto Carmona v. Pido, et al.

United States District Court for the Central District of California

Jose Roberto Carmona v. Pido, et al.

Trial Court Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOSE ROBERTO CARMONA, Case No. 2:25-cv-2968-JDP (P) 12 Plaintiff, 13 v. ORDER 14 PIDO, et al., 15 Defendants. 16 17 Plaintiff, housed at Atascadero State Hospital and proceeding pro se, has filed a civil 18 rights action pursuant to

42 U.S.C. § 1983

. Plaintiff has filed an application to proceed in forma 19 pauperis pursuant to

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 San Luis Obispo 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 | forthe 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 | IT IS SO ORDERED.

8 | Dated: _ October 16, 2025 _ gene Ws JEREMY D. PETERSON 9 UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Reference

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