Eason v. Wal-Mart Corporation

Filing 4

ORDER signed by Magistrate Judge Carolyn K. Delaney on 02/26/16 ordering CASE TRANSFERRED to the U.S. District Court for the Western District of Arkansas. (Plummer, M) [Transferred from caed on 2/26/2016.]

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

RAYMELL EASON,

12
13
14
15

No. 2:16-cv-0306 CKD P

Plaintiff,
v.

ORDER

WAL-MART CORPORATION,
Defendant.

16
17

Plaintiff , a federal prisoner proceeding pro se, asserts diversity jurisdiction pursuant to 28

18

U.S.C. § 1332. Plaintiff is housed at the United States Penitentiary, Lompoc, in Santa Barbara

19

County. Defendant Wal-Mart is headquartered in Bentonville, Arkansas. Plaintiff alleges that, in

20

2012, an armed security guard employed by Wal-Mart shot and injured plaintiff after plaintiff

21

attempted an armed robbery in a Wal-Mart parking lot in Sacramento. Plaintiff names the Wal-

22

Mart Corporation as the sole defendant.

23

The federal venue statute provides that a civil action “may be brought in (1) a judicial

24

district in which any defendant resides, if all defendants are residents of the State in which the

25

district is located, (2) a judicial district in which a substantial part of the events or omissions

26

giving rise to the claim occurred, or a substantial part of property that is the subject of the action

27

is situated, or (3) if there is no district in which an action may otherwise be brought as provided in

28

this action, any judicial district in which any defendant is subject to the court’s personal
1

1
2

jurisdiction with respect to such action.” 28 U.S.C. § 1391(b).
Venue of this action is technically appropriate in the Eastern District of California because

3

the event giving rise to plaintiff’s claim occurred in Sacramento. Nevertheless, the court is

4

transferring this action to Western District of Arkansas pursuant to 28 U.S.C. § 1404(a) in the

5

interests of justice because the sole defendant is headquartered in that district, and because

6

plaintiff does not reside in the Eastern District of California.

7

IT IS THEREFORE ORDERED that this action is transferred to the Western District of

8

Arkansas.

9

Dated: February 26, 2016

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

10
11
12
13
14

2 / easo0306.21

15
16
17
18
19
20
21
22
23
24
25
26
27
28
2