Summary
The United States District Court for the Eastern District of California transferred Jonathan Christopher Coffer’s 42 U.S.C. § 1983 action to the Northern District of California. The court determined that the claims appeared to arise in Monterey County and transferred the case under 28 U.S.C. § 1406(a) in the interest of justice.
Holdings
- Because the claims appeared to have arisen in Monterey County, the action should have been filed in the Northern District of California rather than the Eastern District of California.
- A federal court may transfer a complaint filed in the wrong district to the correct district in the interest of justice, and this action was transferred to the Northern District of California.
Questions Presented
- Whether venue was proper in the Eastern District of California when the claims appeared to arise in Monterey County, which is located in the Northern District of California.
- Whether the action should be transferred to the Northern District of California in the interest of justice under 28 U.S.C. § 1406(a).
Disposition
remanded
Cases Cited (1)
- Ravelo Monegro v. Rosa, 211 F.3d 509, 512 (9th Cir. 2000)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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