Ernest Godfrey Logan, Jr. v. Mobile Gas Station

Summary

The Eastern District of California transferred this pro se action to the Central District of California under 28 U.S.C. § 1406(a) because the defendants, plaintiff, and alleged events were located in Los Angeles. The court concluded that venue did not lie in the Eastern District and directed the clerk to close the case, including the pending in forma pauperis motion.

Holdings

1. Venue was improper in the Eastern District of California because the defendants and plaintiff were alleged to be in Los Angeles and the substantial events giving rise to the claims appeared to have occurred there, not in the Eastern District.
2. The action should be transferred to the Central District of California under 28 U.S.C. § 1406(a), rather than dismissed, because the plaintiff may have mistakenly filed in the wrong venue and the court could not conclude that amendment would necessarily be futile.

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 rather than dismissed under 28 U.S.C. § 1406(a).

Disposition

transferred