Summary
The United States District Court for the Eastern District of California determined that venue was improper because the defendants and events underlying the plaintiff’s § 1983 claim were located in San Diego County. The court ordered the action transferred to the United States District Court for the Southern District of California under 28 U.S.C. § 1406(a).
Holdings
- Venue was improper in the Eastern District of California because the defendants were located and the claim arose in San Diego County, which is within the Southern District of California.
- A federal court may transfer an action filed in the wrong district to the proper district in the interest of justice, and this action should be transferred to the Southern District of California.
Questions Presented
- Whether venue was proper in the Eastern District of California or should be transferred to the Southern District of California.
- Whether the action should be transferred under 28 U.S.C. § 1406(a) because it was filed in the wrong federal 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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