Summary
The United States District Court for the Eastern District of California determined that the defendants and events underlying the plaintiff’s 42 U.S.C. § 1983 action were located in Los Angeles County, within the Central District of California. The court transferred the matter to the Central District of California under 28 U.S.C. § 1406(a) and addressed venue without deciding the merits of the claims.
Holdings
- Venue was improper in the Eastern District of California because the defendants were located and the claim arose in Los Angeles County, which is within the Central District of California.
- 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
- Whether venue was proper in the Eastern District of California under 28 U.S.C. § 1391(b).
- Whether the action should be transferred to the Central District of California under 28 U.S.C. § 1406(a) because it was filed in the wrong district.
Disposition
other
Cases Cited (1)
- Starnes v. McGuire, 512 F.2d 918, 932 (D.C. Cir. 1974)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
Open PDFLoading document…