In re Barnes

Background

Antoine Barnes, described as a civil detainee proceeding without a lawyer, filed a civil-rights action under 42 U.S.C. § 1983 against Napa State Hospital. The opinion states that Barnes had not paid the filing fee and had not submitted an application to proceed without paying it.

Venue

The court applied the federal venue statute, 28 U.S.C. § 1391(b). That statute generally permits a civil action to be filed where a defendant resides, where a substantial part of the events occurred, or, in limited circumstances, where a defendant is subject to the court's personal jurisdiction.

The court stated that Napa State Hospital was located in Napa County and that the claim arose there. Napa County is in the Northern District of California, so the court concluded that the case should have been filed in that district rather than the Eastern District of California.

Disposition

Under 28 U.S.C. § 1406(a), a federal court may transfer a case filed in the wrong district when transfer serves the interests of justice. Judge Jeremy D. Peterson ordered the matter transferred to the United States District Court for the Northern District of California. The order addressed venue and did not decide the merits of Barnes's civil-rights claim.