1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MARK ANTHONY BROWN, 1:24-cv-00168-EPG (PC)

12 Plaintiff,

ORDER TRANSFERRING CASE TO THE

13 v. NORTHERN DISTRICT OF CALIFORNIA

14 D. KENNISON, et al.

15 Defendant.

16 17 Plaintiff Mark Anthony Brown, a state prisoner proceeding pro se, has filed a civil rights 18 action pursuant to 42 U.S.C. § 1983 and a motion to proceed in forma pauperis on February 6, 19 2024. (ECF Nos. 1 & 2). Plaintiff is suing several correctional officers at Pelican Bay State Prison, located in Crescent City, California, which is part of Del Norte County. 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 Del Norte 2 | County, which is in the Northern District of California. Therefore, Plaintiff's claim should have 3 | been filed in the United States District Court for the Northern District of California. 4 In the interest of justice, a federal court may transfer a complaint filed in the wrong 5 district to the correct district. See 28 U.S.C. § 1406(a); Starnes v. McGuire, 512 F.2d 918, 932 6 (D.C. Cir. 1974). 7 Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the United 8 States District Court for the Northern District of California.

? | IT IS SO ORDERED. 10 1, | Dated: _February 7, 2024 [see ey

UNITED STATES MAGISTRATE JUDGE

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