Eric Njokom v. El Camino Community College District

Filing 4

ORDER signed by Magistrate Judge Allison Claire on 10/14/2020 TRANSFERRING CASE to the Central District of California, Western Division. (Coll, A) [Transferred from California Eastern on 10/16/2020.]

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ERIC NJOKOM,

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No. 2:20-cv-02017-TLN-AC
Plaintiff,

v.

ORDER

EL CAMINO COMMUNITY COLLEGE
DISTRICT,
Defendant.

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Plaintiff, who is proceeding in pro se, has filed an application to proceed in forma
pauperis pursuant to 28 U.S.C. § 1915. ECF No. 2.
The federal venue statute provides that a civil action “may be brought in (1) a judicial

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

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

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

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

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

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jurisdiction with respect to such action.” 28 U.S.C. § 1391(b).

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In this case, the complaint states that both the plaintiff and defendant reside in Los
Angeles, California (ECF No. 1 at 12) and all incidents referenced in the complaint appear to
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have taken place within Los Angeles County. Both the city of Los Angeles and Los Angeles

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County are located within the Central District of California, Western Division. Therefore,

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plaintiff’s claim should have been filed in the United States District Court for the Central District

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of California, Western Division. In the interest of justice, a federal court may transfer a

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complaint filed in the wrong district to the correct district. See 28 U.S.C. § 1406(a); Starnes v.

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McGuire, 512 F.2d 918, 932 (D.C. Cir. 1974).

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Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the Central

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District of California, Western Division.

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DATED: October 14, 2020

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