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Case 1:13-cv-00828-GSA Document 4 Filed 06/04/13 Page 1 of 2

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IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

1:13-cv-00828 GSA (PC)
ORDER TRANSFERRING CASE TO THE
CENTRAL DISTRICT OF CALIFORNIA



RAYMOND NELSON,


vs.

Plaintiff,


E. VALENZUELA, Warden,
Defendant.

/

Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42

U.S.C. § 1983.

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

jurisdiction, be brought only in “(1) a judicial district where any defendant resides, if all defendants
reside in the same state, (2) a judicial district in which a substantial part of the events or omissions
giving rise to the claim occurred, or a substantial part of the property that is the subject of the action
is situated, or (3) a judicial district in which any defendant may be found, if there is no district in
which the action may otherwise be brought.” 28 U.S.C. § 1391(b).

In this case, none of the defendants reside in this district. The claim arose in San Luis

Obispo County, which is in the Central District of California. Therefore, plaintiff’s claim should
have been filed in the United States District Court for the Central District of California. In the
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Case 1:13-cv-00828-GSA Document 4 Filed 06/04/13 Page 2 of 2

interest of justice, a federal court may transfer a complaint filed in the wrong district to the correct
district. See 28 U.S.C. § 1406(a); Starnes v. McGuire, 512 F.2d 918, 932 (D.C. Cir. 1974).

Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the United States

District Court for the Central District of California.

IT IS SO ORDERED.
Dated: June 4, 2013 /s/ Gary S. Austin

220hhe UNITED STATES MAGISTRATE JUDGE

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