Robert James Swint v. PYYP

Summary

The United States District Court for the Eastern District of California ordered the transfer of Robert James Swint’s prisoner civil rights action to the District of Oregon. The court concluded that venue was improper in California because the defendants did not reside there and the claim arose in Columbia County, Oregon, and transferred the case under 28 U.S.C. § 1406(a) in the interest of justice.

Holdings

1. Venue was improper in the Eastern District of California because none of the defendants resided there and the claim arose in Columbia County, Oregon, within the District of Oregon.
2. 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 District of Oregon.

Questions Presented

1. Whether venue was proper in the Eastern District of California under 28 U.S.C. § 1391(b).
2. Whether the court should transfer the action to the District of Oregon under 28 U.S.C. § 1406(a) because the case was filed in the wrong district.

Disposition

transferred