Wilbur Lann Pittman v. M. Hagemann, et al.

Summary

The United States District Court for the Eastern District of California transferred Wilbur Lann Pittman’s 42 U.S.C. § 1983 action to the Southern District of California. The court concluded that the claims appeared to have arisen in San Diego County and ordered the transfer under 28 U.S.C. § 1406(a).

Holdings

1. Because the claims appeared to have arisen in San Diego County, the proper venue was the Southern District of California rather than the Eastern District of California.
2. The action should be transferred to the United States District Court for the Southern 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 court should transfer the action to the Southern District of California under 28 U.S.C. § 1406(a) because the claims appeared to arise there.

Disposition

remanded