(PC) Overton v. R.J. Donovan Correctional Facility et al

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UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
MICHAEL L. OVERTON,
Plaintiff,
v.
R.J. DONOVAN CORRECTIONAL
FACILITY, et al.,
Defendants.
No. 2:26-cv-0986 CSK P
ORDER
Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to
42 U.S.C. § 1983. Plaintiff has neither filed an application to proceed in forma pauperis pursuant
to 28 U.S.C. § 1915 nor paid the filing fee for this action.
The federal venue statute provides that a civil action “may be brought in (1) a judicial
district in which any defendant resides, if all defendants are residents of the State in which the
district is located, (2) a judicial district in which a substantial part of the events or omissions
giving rise to the claim occurred, or a substantial part of property that is the subject of the action
is situated, or (3) if there is no district in which an action may otherwise be brought as provided in
this action, any judicial district in which any defendant is subject to the court’s personal
jurisdiction with respect to such action.” 28 U.S.C. § 1391(b).
In this case, the defendant(s) are located and the claim arose in San Diego County, which
is in the Southern District of California. Therefore, plaintiff’s claim should have been filed in the
Case 3:26-cv-02010-AJB-MMP Document 3 Filed 03/25/26 PageID.<pageID> Page
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United States District Court for the Southern District of California. In the interest of justice, a
federal court may transfer a complaint filed in the wrong district to the correct district. See
28 U.S.C. § 1406(a); Starnes v. McGuire, 512 F.2d 918, 932 (D.C. Cir. 1974).
Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the United
States District Court for the Southern District of California.
Dated: March 25, 2026
/1/over0986.21a
Case 3:26-cv-02010-AJB-MMP Document 3 Filed 03/25/26 PageID.<pageID> Page
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