Ajuluchuku v. Baltimore County Police Department

Filing 3

ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/20/2012. This matter is TRANSFERRED to USDC - District of Maryland, Baltimore Division. Action is TERMINATED. (Marciel, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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AMANDA AJULUCHUKU,

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Plaintiff,
vs.
BALTIMORE COUNTY POLICE DEP’T,
Defendant.

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No. 2:12-2816 LKK CKD PS

ORDER
/

Plaintiff is proceeding in this action pro se. Plaintiff alleges diversity as the basis

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of subject matter jurisdiction. The federal venue statute requires that a civil action wherein

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jurisdiction if founded only on diversity of citizenship may be brought only in “(1) a judicial

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district where any defendant resides, if all defendants reside in the same State, (2) a judicial

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district in which a substantial part of the events or omissions giving rise to the claim occurred, or

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a substantial part of property that is the subject of the action is situated, or (3) a judicial district in

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which any defendant may be found, if there is no district in which the action may otherwise be

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brought.” 28 U.S.C. § 1391(a).

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In this action, defendant is the Baltimore County Police Department, located in

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Baltimore, Maryland. The incident underlying plaintiff’s claims is an alleged kidnaping that

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occurred in 2003 in Maryland. Therefore, plaintiff’s claim should have been filed in the United
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States District Court of Maryland, Baltimore Division. In the interest of justice, a federal court

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may transfer a complaint filed in the wrong district to the correct district. See 28 U.S.C.

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§ 1406(a); Starnes v. 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
United States District Court of Maryland, Baltimore Division.

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Dated: November 20, 2012

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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ajulu 2816.tra

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