# (PC) Brown v. Kennison

> District Court, E.D. California · February 7, 2024

URL: https://www.frixlaw.com/law-library/cases/10059060

## Case

- **Court:** District Court, E.D. California
- **Decided:** February 7, 2024
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/10059060

## Opinion text

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8 UNITED STATES DISTRICT COURT
9 EASTERN DISTRICT OF CALIFORNIA
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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.

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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.
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The federal venue statute requires that a civil action, other than one based on diversity
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jurisdiction, be brought only in “(1) a judicial district where any defendant resides, if all
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defendants are residents of the State in which the district is located, (2) a judicial district in which
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a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part
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of the property that is the subject of the action is situated, or (3) if there is no district in which an
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action may otherwise be brought as provided in this section, any judicial district in which any
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defendant is subject to the court’s personal jurisdiction with respect to such action.” 28 U.S.C.
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§ 1391(b).
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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.
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1, | Dated: _February 7, 2024 [see ey
UNITED STATES MAGISTRATE JUDGE
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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/10059060. Public record. Not legal advice.