Opinion

(PC) Brown v. Just Detention International

Court
District Court, E.D. California
Filed
May 27, 2020
Cited by
0 cases
Authority
More cited than 17.4%

The opinion

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8 UNITED STATES DISTRICT COURT

9 FOR THE EASTERN DISTRICT OF CALIFORNIA

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11 ANTRELL BROWN, No. 2:20-cv-1040 DB P

12 Plaintiff,

13 v. ORDER

14 JUST DETENTION INTERNATIONAL,

et al.,

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Defendants.

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

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U.S.C. § 1983. Plaintiff has filed an application to proceed in forma pauperis pursuant to 28

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U.S.C. § 1915.

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The federal venue statute provides that a civil action “may be brought in (1) a judicial

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district in which any defendant resides, if all defendants are residents of the State in which the

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district is located, (2) a judicial district in which a substantial part of the events or omissions

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

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is situated, or (3) if there is no district in which an action may otherwise be brought as provided in

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this action, any judicial district in which any defendant is subject to the court’s personal

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jurisdiction with respect to such action.” 28 U.S.C. § 1391(b).

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wOAOe 2 EUV ERP MVOC OIC eer ev

1 In this case, the claim arose in Manistee County, which is in the Western District of

2 | Michigan. Therefore, plaintiffs claim should have been filed in the United States District Court

3 | forthe Western District of Michigan. In the interest of justice, a federal court may transfer a

4 | complaint filed in the wrong district to the correct district. See 28 U.S.C. § 1406(a); Starnes v.

5 | McGuire, 512 F.2d 918, 932 (D.C. Cir. 1974).

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

7 | States District Court for the Western District of Michigan.

8 | Dated: May 27, 2020

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ll ORAH BARNES

UNITED STATES MAGISTRATE JUDGE

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M7 DB:12

1g. | DB:/OxersPrisoner/Civil Rights/brow1040.21

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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