Cowart v. Gustavo et al
Filing
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ORDER TRANSFERRING CASE to the Central District of California signed by Magistrate Judge Jennifer L. Thurston on 1/8/2018. (Sant Agata, S)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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ORDER TRANSFERRING CASE TO THE
CENTRAL DISTRICT OF CALIFORNIA
Plaintiff,
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1:18-cv-00020-JLT (PC)
GARDELL COWART,
v.
JAIME GUSTAVO, et al.,
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Defendant.
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The federal venue statute requires that a civil action, other than one based on diversity
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jurisdiction, be brought only in A(1) a judicial district where any defendant resides, if all
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defendants reside in the same state, (2) a judicial district in which a substantial part of the events
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or omissions giving rise to the claim occurred, or a substantial part of the property that is the
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subject of the action is situated, or (3) a judicial district in which any defendant may be found, if
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there is no district in which the action may otherwise be brought.@ 28 U.S.C. ' 1391(b).
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In this case, none of the defendants reside in this district. The claim arose in San
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Bernardino County, which is in the Central District of California. Therefore, the plaintiff=s claim
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should have been filed in the United States District Court for the Central District of California. In
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the interest of justice, a federal court may transfer a complaint filed in the wrong district to the
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correct district. See 28 U.S.C. ' 1406(a); Starnes v. McGuire, 512 F.2d 918, 932 (D.C. Cir.
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1974).
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Accordingly, the Court ORDERS that this matter is transferred to the United States
District Court for the Central District of California.
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IT IS SO ORDERED.
Dated:
January 8, 2018
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE
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