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Murrell v. Theiler

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


April 30, 2009

JOYCE MURRELL, PLAINTIFF,
v.
WALTER THEILER, ET AL., DEFENDANTS.

ORDER

Plaintiff is proceeding in this action pro se.*fn1 The federal venue statute requires that a civil action, other than one based on diversity jurisdiction,*fn2 be brought only in "(1) a judicial district where any defendant resides, if all defendants reside in the same State, (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) a judicial district in which any defendant may be found, if there is no district in which the action may otherwise be brought." 28 U.S.C. § 1391(b).

Although the complaint is not a model of clarity, it appears that a substantial part of the events giving rise to the instant action occurred in Santa Barbara, California. Therefore, plaintiff's claim should have been filed in the United States District Court for the Central 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 Central District of California.


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