Wade v. Miller et al

Filing 18

ORDER signed by Magistrate Judge Carolyn K. Delaney on 5/9/2013 TRANSFERRING this case to the United States District Court for the District of Columbia. (Michel, G)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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E. K. WADE,

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No. 2:13-cv-0861 MCE CKD PS
Plaintiff,

v.

ORDER

JEFF MILLER, et al.,
Defendants.

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Plaintiff is proceeding in this action pro se. The federal venue statute requires that a civil

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action, other than one based on diversity jurisdiction, be brought only in “(1) a judicial district

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

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

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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(b).

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In this case, it appears that a substantial part of the events giving rise to plaintiff’s claims

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occurred in the District of Columbia. Plaintiff repeatedly references actions which occurred in

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the District of Columbia and the complaint expressly alleges that a substantial part of the events

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giving rise to the lawsuit occurred in the District of Columbia. Therefore, plaintiff’s claim should

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have been filed in the United States District Court for the District of Columbia. In the interest of
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justice, a federal court may transfer a complaint filed in the wrong district to the correct district.

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See 28 U.S.C. § 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

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States District Court for the District of Columbia.

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Dated: May 9, 2013

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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