Bartning et al v. Ohio Northern University, et al

Filing 3

ORDER signed by Magistrate Judge Carolyn K. Delaney on 8/4/2014 ORDERING that this matter is TRANSFERRED to the United States Court, Northern District of Ohio. (Reader, L)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

VINCENT BARTNING, et al.,

12

Plaintiffs,

13
14

No. 2:14-cv-1812 TLN CKD PS

v.

ORDER

OHIO NORTHERN UNIVERSITY, et al.,

15

Defendants.

16
Plaintiff is proceeding in this action pro se. Plaintiff does not allege a basis for subject

17
18

matter jurisdiction. The federal venue statute provides that a civil action may be brought only in

19

“(1) a judicial district where any defendant resides, if all defendants are residents of the State in

20

which the district is located; (2) a judicial district in which a substantial part of the events or

21

omissions giving rise to the claim occurred, or a substantial part of property that is the subject of

22

the action is situated; or (3) if there is no district in which an action may otherwise be brought as

23

provided in this section, any judicial district in which any defendant is subject to the court’s

24

personal jurisdiction with respect to such action.” 28 U.S.C. § 1391(b).
In this action, a substantial part of the events giving rise to plaintiff’s claims occurred in

25
26

Ada, Ohio, which is located in Hardin County. Therefore, plaintiff’s claim should have been filed

27

in the United States District Court, Northern District of Ohio. In the interest of justice, a federal

28

/////
1

1

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

2

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

3

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

4

States District Court, Northern District of Ohio.

5

Dated: August 4, 2014

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

6
7
8
9

4 hardin.tra

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