Barbour v. 43rd United States President

• Court: District Court, District of Columbia
• Decided: December 12, 2011
• Docket: Civil Action No. 2011-2217
• Status: Published

Opinion

8 IN THE UNITED STATES DISTRICT COURT

9 FOR THE EASTERN DISTRICT OF CALIFORNIA

11 KENNETH BARBOUR, No. CIV S-11-3204 CMK P

12 Plaintiff,

13 vs. ORDER

14 The 43rd United States President,

15 Defendant.

16 /

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

18 to 42 U.S.C. § 1983, together with a request to proceed in forma pauperis. In light of 1996

19 amendments to 28 U.S.C. § 1915, this court will not rule on plaintiff's request to proceed in

20 forma pauperis.

21 The federal venue statute requires that a civil action, other than one based on

22 diversity jurisdiction, be brought only in “(1) a judicial district where any defendant resides, if all

23 defendants reside in the same State, (2) a judicial district in which a substantial part of the events

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

25 of the action is situated, or (3) a judicial district in which any defendant may be found, if there is

26 no district in which the action may otherwise be brought.” 28 U.S.C. § 1391(b).

1 1 In this case, the defendant is located and the claim arose in Washington, D.C.,

2 which is in the District of Columbia. Therefore, plaintiff’s claim should have been filed in the

3 United States District Court for the District of Columbia. In the interest of justice, a federal court

4 may transfer a complaint filed in the wrong district to the correct district. See 28 U.S.C.

5 § 1406(a); Starnes v. McGuire, 512 F.2d 918, 932 (D.C. Cir. 1974).

6 Accordingly, IT IS HEREBY ORDERED that:

7 1. This court has not ruled on plaintiff’s request to proceed in forma pauperis; and

8 2. This matter is transferred to the United States District Court for the District of

9 Columbia.

11 DATED: December 9, 2011 12 ______________________________________ CRAIG M. KELLISON 13 UNITED STATES MAGISTRATE JUDGE 14

17 /kly barb 11cv3204.21a 18