Chaz Nelson v. California Department of Corrections and Rehabilitations

United States District Court for the Eastern District of California

Chaz Nelson v. California Department of Corrections and Rehabilitations

Trial Court Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 CHAZ NELSON, 1:25-cv-01344-SAB (PC)

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

14 CALIFORNIA DEPARTMENT OF CORRECTIONS AND 15 REHABILITATIONS,

16 Defendant. 17 18 Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42

19 U.S.C. § 1983

. 20 The federal venue statute requires that a civil action, other than one based on diversity 21 jurisdiction, be brought only in “(1) a judicial district where any defendant resides, if all 22 defendants are residents of the State in which the district is located, (2) a judicial district in which 23 a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part 24 of the property that is the subject of the action is situated, or (3) if there is no district in which an 25 action may otherwise be brought as provided in this section, any judicial district in which any 26 defendant is subject to the court’s personal jurisdiction with respect to such action.”

28 U.S.C. § 27

1391(b). 28 1 In this case, none of the defendants reside in this district. The claim arose in Imperial 2 | County, which is in the Southern District of California. Therefore, plaintiff’s claim should have 3 | been filed in the United States District Court for the Southern District of California. In the 4 | interest of justice, a federal court may transfer a complaint filed in the wrong district to the 5 || correct district. See

28 U.S.C. § 1406

(a); Starnes v. McGuire,

512 F.2d 918, 932

(D.C. Cir. 6 | 1974). 7 Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the United 8 | States District Court for the Southern District of California. 9 10 IT IS SO ORDERED. DAA Le 11 | Dated: _ October 14, 2025 : STANLEY A. BOONE 12 United States Magistrate Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 >

Reference

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