Livingston v. Unum Provident

Filing 3

ORDER signed by Magistrate Judge Carolyn K. Delaney on 2/13/14: CASE TRANSFERRED to USDC, District of Maine, Portland Division. (Kaminski, H)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

CLYDE LIVINGSTON,

12

Plaintiff,

13
14

No. 2:14-cv-0456 LKK CKD PS

v.

ORDER

UNUM PROVIDENT, et al.,

15

Defendants.

16
17

Plaintiff is proceeding in this action pro se and brings this action under ERISA. The

18

ERISA venue statute provides that an action may be brought in the district where the plan is

19

administered, where the breach took place, or where a defendant resides or may be found. 29

20

U.S.C. § 1132(e)(2). In this case, the plan is administered in Maine and defendant Unum

21

Provident is located in Portland, Maine. Therefore, plaintiff’s claim should have been filed in the

22

United States District Court, District of Maine, Portland Division. In the interest of justice, a

23

federal court may transfer a complaint filed in the wrong district to the correct district. See 28

24

U.S.C. § 1406(a); Starnes v. McGuire, 512 F.2d 918, 932 (D.C. Cir. 1974).

25

/////

26

/////

27

/////

28

/////
1

1

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

2

States District Court, District of Maine, Portland Division.

3

Dated: February 13, 2014

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

4
5
6
7

4 livingston.erisa.tra

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2