Coffer v. Dugan

Summary

The United States District Court for the Eastern District of California orders the transfer of a pro se prisoner’s 42 U.S.C. § 1983 action to the Northern District of California. The court concludes that the defendant and the events underlying the claim are located in Alameda County and that transfer is appropriate under 28 U.S.C. § 1406(a).

Holdings

1. Venue was improper in the Eastern District of California because the defendant was located and the claim arose in Alameda County, which is in the Northern District of California.
2. When a civil action is filed in the wrong federal district, the court may transfer it to the proper district in the interest of justice under 28 U.S.C. § 1406(a).

Questions Presented

1. Whether venue was proper in the Eastern District of California under 28 U.S.C. § 1391(b).
2. Whether the action should be transferred to the Northern District of California under 28 U.S.C. § 1406(a) because it was filed in the wrong district.

Disposition

other