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Provencher v. Giandrea

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


July 16, 2010

JENNIFER M. PROVENCHER AND CY C. PROVENCHER, SR., PLAINTIFFS,
v.
STEVEN GIANDREA, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Jeremy Fogel United States District Judge

ORDER*fn1 TRANSFERRING ACTION

Plaintiffs, residents of Stockton, California, seek a writ of mandamus under 28 U.S.C. § 1651. It does not appear from the complaint that any of the defendants resides in the Northern District of California or that any part of the events giving rise to the claims occurred in this district; instead, all of the events are alleged to have occurred in the Eastern District of California. Accordingly, pursuant to 28 U.S.C. § 1391(b) and 28 U.S.C. § 1406(a), the Court on its own motion will transfer the action to that district. See, e.g., Costlow v. Weeks, 790F.2d 1486, 1488 (9th Cir. 1986) ("28 U.S.C. § 1406(a) states that '[t]he district court of a district in which is filed a case laying venue in the wrong division or district shall dismiss, or if it be in the interest of justice, transfer such case to any district or division in which it could have been brought.'") The Court takes no position with respect to the viability of Plaintiffs' claims.

IT IS SO ORDERED


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