Summary
The court determines that the plaintiff's § 1983 claim arose in Monterey County, which is located in the Northern District of California. Pursuant to 28 U.S.C. § 1406(a), the court orders the action transferred to the United States District Court for the Northern District of California.
Holdings
- Venue was improper in the Eastern District of California because the claim arose in Monterey County, which is located in the Northern 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 transfer to the Northern District of California was warranted here.
Questions Presented
- Whether venue was proper in the Eastern District of California when the claim arose in Monterey County.
- 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
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
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