Jonathan Christopher Coffer v. Officer Oliveros, et al.

Summary

The United States District Court for the Eastern District of California transfers a pro se prisoner’s civil rights action under 42 U.S.C. § 1983 to the Northern District of California. The court finds that none of the defendants reside in the Eastern District and that the claims arose in Monterey County, making venue proper in the Northern District under 28 U.S.C. §§ 1391(b) and 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, in the Northern District of California.
2. The case should be transferred to the United States District Court for the Northern District of California in the interest of justice.

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