Cannell v. The People of the State of Utah et al
ORDER, CASE TRANSFERRED to Northern District of CA, signed by Magistrate Judge Barbara A. McAuliffe on 10/10/2019. CASE CLOSED(Martin-Gill, S)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
Case No. 1:19-cv-01154-LJO-BAM
THOMAS A. CANNELL, IV,
ORDER TRANSFERRING CASE TO THE
NORTHERN DISTRICT OF CALIFORNIA
THE PEOPLE OF THE STATE OF
UTAH, et al.,
Plaintiff Thomas A. Cannell, IV (“Plaintiff”) is a Denver county jail inmate proceeding
pro se in the instant action against The People of the State of Utah, Apple Computer, Inc., and
Jocelyn Anderson Jobs. (Doc. Nos. 1, 4.)
The federal venue statute requires that a civil action be brought only in “(1) a judicial
district in which any defendant resides, if all defendants are residents of the State in which the
district is located; (2) a judicial district in which a substantial part of the events or omissions
giving rise to the claim occurred, or a substantial part of property that is the subject of the action
is situated; or (3) if there is no district in which an action may otherwise be brought as provided in
this section, any judicial district in which any defendant is subject to the court’s personal
jurisdiction with respect to such action.” 28 U.S.C. § 1391(b).
Plaintiff’s allegations are unclear and it is difficult to discern the precise claims Plaintiff is
seeking to raise, which defendants he intends to assert those claims against, the factual allegations
that support those claims, or whether Plaintiff’s claims have any merit. See Fed. R. Civ. P.
8(a)(2) (“A pleading that states a claim for relief must contain . . . a short and plain statement of
the claim showing that the pleader is entitled to relief [.]” ). However, the complaint alleges that
Defendants Apple Computer, Inc. and its employee, Jocelyn Andersen Jobs, are located in Santa
Clara, California, and the events or omissions at issue appear to have arisen in Santa Clara
County, which is in the Northern District of California. Therefore, based upon the limited
information that can be discerned from the complaint, Plaintiff’s claim should have been filed in
the United States District Court for the Northern District of California. In the interest of justice, a
federal court may transfer a complaint filed in the wrong district to the correct district. See 28
U.S.C. § 1406(a).
Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the United
States District Court for the Northern District of California. The Court does not rule on any
IT IS SO ORDERED.
October 10, 2019
UNITED STATES MAGISTRATE JUDGE
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