Summary
The United States District Court for the Eastern District of California ordered the transfer of a pro se prisoner’s 42 U.S.C. § 1983 action to the Northern District of California. The court concluded that the claim arose in Mendocino County and that transfer was appropriate under 28 U.S.C. § 1406(a).
Holdings
- Venue was improper in the Eastern District of California because the claim arose in Mendocino 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 this action should be transferred to the Northern District of California.
Questions Presented
- Whether venue was proper in the Eastern District of California under 28 U.S.C. § 1391(b).
- Whether the action should be transferred to the Northern District of California under 28 U.S.C. § 1406(a) because the claim arose in Mendocino County.
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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