Demetrio Cabrera v. D. Campagna, et al.

Summary

The court transferred Demetrio Cabrera’s 42 U.S.C. § 1983 civil rights action from the Eastern District of California to the Northern District of California. The court concluded that none of the defendants resided in the Eastern District and that the claims arose in Monterey County, making transfer appropriate under 28 U.S.C. § 1406(a).

Holdings

1. Venue was improper in the Eastern District of California because none of the defendants resided there and the claim arose in Monterey County, which is in the Northern District of California.
2. The case should be transferred in the interest of justice to the United States District Court for the Northern District of California 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 case 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