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(PC) El Muhammad v. Plummer et al - 4

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					(PC) El Muhammad v. Plummer et al                                                                                       Doc. 4


               Case 2:05-cv-00874-GEB-DAD               Document 4        Filed 05/18/2005        Page 1 of 2




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        8                               IN THE UNITED STATES DISTRICT COURT

        9                           FOR THE EASTERN DISTRICT OF CALIFORNIA

       10   ANSAR EL MUHAMMAD, S/C
            BENNETT,
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                           Plaintiff,                              No. CIV S-05-0874 GEB DAD P
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                   vs.
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            ALAMEDA COUNTY SHERIFF
       14   DEPARTMENT, et al.,

       15                  Defendants.                             ORDER

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       17                  Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant

       18   to 42 U.S.C. § 1983, together with an application to proceed in forma pauperis. At the present

       19   time, the plaintiff is confined in Deuel Vocational Institution in Tracy, California. A review of

       20   plaintiff’s complaint reveals that the claims arose while plaintiff was confined in the Santa Rita

       21   Jail in Alameda County. The defendants are the Alameda County Sheriff and a deputy sheriff.

       22                  The federal venue statute requires that a civil action, other than one based on

       23   diversity jurisdiction, be brought only in “(1) a judicial district where any defendant resides, if all

       24   defendants reside in the same State, (2) a judicial district in which a substantial part of the events

       25   or omissions giving rise to the claim occurred, or a substantial part of property that is the subject

       26   of the action is situated, or (3) a judicial district in which any defendant may be found, if there is

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                                                                                                             Dockets.Justia.com
        Case 2:05-cv-00874-GEB-DAD              Document 4         Filed 05/18/2005       Page 2 of 2




 1   no district in which the action may otherwise be brought.” 28 U.S.C. § 1391(b). In the interest

 2   of justice, a federal court may transfer a complaint filed in the wrong district to the correct

 3   district. See 28 U.S.C. § 1406(a); Starnes v. McGuire, 512 F.2d 918, 932 (D.C. Cir. 1974).

 4                  In this case, it does not appear that any defendant resides in the Eastern District of

 5   California, and all of the claims arose in the Northern District of California. Therefore,

 6   plaintiff’s complaint should have been filed in the United States District Court for the Northern

 7   District of California.

 8                  In the interest of justice, IT IS HEREBY ORDERED that this action is transferred

 9   to the United States District Court for the Northern District of California for all further

10   proceedings.

11   DATED: May 17, 2005.

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