Soehngen v. Woolridge et al

Filing 3

ORDER TRANSFERRING CASE to the Northern District of CA signed by Judge Kimberly J. Mueller on 10/2/06. Transmittal letter, certified copy of transfer order, and docket sheet sent. CASE CLOSED (Kastilahn, A)

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(PS) Soehngen v. Woolridge et al Doc. 3 Case 2:06-cv-02050-MCE-KJM Document 3 Filed 10/03/2006 Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 vs. ROBERT WOOLRIDGE, et al., Defendants. / Plaintiff is proceeding in this action pro se. Although plaintiff alleges diversity as a basis of jurisdiction, there is no apparent diversity of parties evident in the complaint. Plaintiff also alleges this action is brought under 42 U.S.C. 1983. The federal venue statute requires that a civil action, other than one based on diversity jurisdiction, be brought only in "(1) a judicial district where any defendant resides, if all defendants reside in the same State, (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) a judicial district in which any defendant may be found, if there is no district in which the action may otherwise be brought." 28 U.S.C. 1391(b). In this case, the action involves claims related to property located in Martinez, California, which is in the Northern District of California. Therefore, plaintiff's claim should 1 Dockets.Justia.com IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA GEORGE SOEHNGEN, Plaintiff, No. CIV S-06-2050 MCE KJM PS ORDER Case 2:06-cv-02050-MCE-KJM Document 3 Filed 10/03/2006 Page 2 of 2 1 2 3 4 5 6 7 8 9 10 11 12 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); Starnes v. McGuire, 512 F.2d 918, 932 (D.C. Cir. 1974). Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the United States District Court for the Northern District of California. DATED: October 2, 2006. ______________________________________ UNITED STATES MAGISTRATE JUDGE 006 13 14 15 16 17 18 19 20 21 22 23 24 25 26 soehngen.tra 2

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