Curtis James Hernandez v. Galvin Newsom

Summary

The United States District Court for the Eastern District of California transferred a pro se prisoner's civil rights action under 42 U.S.C. § 1983 to the Central District of California. The court concluded that none of the defendants resided in the Eastern District and that the claim arose in Los Angeles County, making transfer appropriate under 28 U.S.C. § 1406(a).

Holdings

1. Venue was improper in the Eastern District of California because none of the defendants resided there and the claim arose in Los Angeles County, which is in the Central District of California.
2. When a complaint is filed in the wrong federal district, the court may transfer it to the proper district in the interest of justice under 28 U.S.C. § 1406(a).

Questions Presented

1. Whether venue was proper in the Eastern District of California under 28 U.S.C. § 1391(b).
2. Whether the action should be transferred to the Central District of California under 28 U.S.C. § 1406(a).

Disposition

other