Levy v. Brown et al

Filing 5

ORDER signed by Magistrate Judge Carolyn K. Delaney on 8/12/13 ORDERING CASE TRANSFERRED to District of Central District of California, Western Division. (Meuleman, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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AMANDA U. LEVY,

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No. 2:13-cv-1432 JAM CKD PS

Plaintiff,
v.

ORDER

W. LYNNE BROWN, et al.,
Defendants.

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

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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, plaintiff is suing her former attorneys, who are located in Los Angeles,

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California, for actions taken during the prosecution of a worker’s compensation claim against the

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Los Angeles Unified School District. Because defendants reside in Los Angeles and a substantial

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part of the events giving rise to the claim occurred in Los Angeles, this action should have been
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filed in the United States District Court, Central District of California, Western Division.1 In the

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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, IT IS HEREBY ORDERED that this matter is transferred to the United

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States District Court, Central District of California, Western Division.

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Dated: August 12, 2013

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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4 levy1432.tra

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It appears from the allegations of the complaint that plaintiff has been declared a vexatious
litigant in the Central District and must post a security in the sum of $5,000 in order to file a
complaint.
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