Kevin Duane Hickman v. J. Robertson

Summary

The United States District Court for the Eastern District of California ordered the transfer of a pro se state prisoner’s 42 U.S.C. § 1983 action to the United States District Court for the District of Columbia. The court relied on the federal venue statute and 28 U.S.C. § 1406(a), concluding that the Eastern District of California did not appear to have jurisdiction over the claims.

Holdings

1. When a civil action is filed in the wrong federal district, the court may transfer the action to a proper district in the interest of justice under 28 U.S.C. § 1406(a); here, transfer to the District of Columbia was warranted because one defendant appeared to reside there.

Questions Presented

1. Whether the action should be transferred under 28 U.S.C. § 1406(a) because the Eastern District of California appeared to be an improper venue.
2. Whether the Eastern District of California appeared to have jurisdiction over any claim asserted in the complaint.

Disposition

other