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Patrick George Bassett v. Unknown

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


May 15, 2012

PATRICK GEORGE BASSETT,
PLAINTIFF,
v.
UNKNOWN, DEFENDANT.

The opinion of the court was delivered by: Craig M. Kellison United States Magistrate Judge

ORDER

Plaintiff, proceeding in propria persona, brings this civil action. Plaintiff appears to be an inmate at a county jail in New York. The unknown defendant to this action appears to be a bartender from a motel in Mesa, Arizona. Plaintiff alleges discrimination, and apparently is attempting to invoke the court's diversity jurisdiction.*fn1

The federal venue statute provides that a civil action may be brought in "(1) a judicial district where 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 (3) if there is no district in which an action may otherwise be brought as provided in this section, 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, it appears that the only defendant is located in Mesa, Arizona, and the incident giving rise to the claim also occurred in Mesa, Arizona. Proper venue for this action is therefore the United States District Court for the District of Arizona, and plaintiff's claim should have been filed therein. 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 District of Arizona.


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