1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 BRUCE ALLEN SWENSON, Case No. 1:24-cv-01012-BAM (PC) 12 Plaintiff, ORDER TRANSFERRING CASE TO THE

CENTRAL DISTRICT OF CALIFORNIA

13 v. 14 CDCR SECRETARY, et al., 15 Defendants. 16 17 Plaintiff Bruce Allen Swenson (“Plaintiff”), a state prisoner proceeding pro se, has filed a 18 civil rights action pursuant to 42 U.S.C. § 1983, together with a motion to proceed in forma 19 pauperis. (ECF Nos. 1, 2.) 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. It appears the claim arose in San 2 Luis Obispo County, which is in the Central District of California. Therefore, Plaintiff’s claim 3 should have been filed in the United States District Court for the Central District of California. In 4 the 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); Ravelo Monegro v. Rosa, 211 F.3d 509, 512 (9th Cir. 6 2000). 7 Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the United 8 States District Court for the Central District of California. The Court has not ruled on Plaintiff’s 9 motion to proceed in forma pauperis. 10

IT IS SO ORDERED.

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12 Dated: August 27, 2024 /s/ Barbara A. McAuliffe _

UNITED STATES MAGISTRATE JUDGE

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