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Robert Barabino v. Peter Deangeli

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


April 18, 2013

ROBERT BARABINO, PLAINTIFF,
v.
PETER DEANGELI, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Carolyn K. Delaney United States Magistrate Judge

ORDER

Plaintiff is proceeding in this action pro se. Plaintiff alleges claims under the Fair Act, 42 U.S.C. § 3612(o). Venue for actions brought under that section is provided under 28 U.S.C. § 1391.

The federal venue statute requires that a civil action, other than one based on jurisdiction, 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).

In this case, there is no indication in the complaint where defendants reside. However, it appears that a substantial part of the events giving rise to plaintiff's claims occurred in Reno, Nevada, which is situated in District of Nevada. Therefore, plaintiff's claim should have been filed in the United States District Court, District of Nevada, Reno. 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 Nevada, Reno.

20130418

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