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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 AMANDA U. LEVY, 12 13 14 15 No. 2:13-cv-1432 JAM CKD PS Plaintiff, v. ORDER W. LYNNE BROWN, et al., Defendants. 16 17 Plaintiff is proceeding in this action pro se. Plaintiff alleges diversity as the basis of 18 subject matter jurisdiction. The federal venue statute requires that a civil action wherein 19 jurisdiction if founded only on diversity of citizenship may be brought only in “(1) a judicial 20 district where any defendant resides, if all defendants reside in the same State, (2) a judicial 21 district in which a substantial part of the events or omissions giving rise to the claim occurred, or 22 a substantial part of property that is the subject of the action is situated, or (3) a judicial district in 23 which any defendant may be found, if there is no district in which the action may otherwise be 24 brought.” 28 U.S.C. § 1391(a). 25 In this action, plaintiff is suing her former attorneys, who are located in Los Angeles, 26 California, for actions taken during the prosecution of a worker’s compensation claim against the 27 Los Angeles Unified School District. Because defendants reside in Los Angeles and a substantial 28 part of the events giving rise to the claim occurred in Los Angeles, this action should have been 1 1 filed in the United States District Court, Central District of California, Western Division.1 In the 2 interest of justice, a federal court may transfer a complaint filed in the wrong district to the 3 correct district. See 28 U.S.C. § 1406(a); Starnes v. McGuire, 512 F.2d 918, 932 (D.C. Cir. 4 1974). 5 Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the United 6 States District Court, Central District of California, Western Division. 7 Dated: August 12, 2013 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 8 9 10 11 4 levy1432.tra 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 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. 2

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