Martin Soto v. C/OS Sgt.

Summary

The court ordered the transfer of a pro se prisoner’s 42 U.S.C. § 1983 action from the Eastern District of California to the Northern District of California under 28 U.S.C. § 1406(a). The court determined that the claim arose in Monterey County and that none of the defendants resided in the Eastern District.

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, within the Northern District of California.
2. The action 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