Jones v. W. S. Darley & Company, et al

Filing 4

ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/5/2014 TRANSFERRING this matter to the United States District Court, Northern District of Illinois. CASE CLOSED. (Michel, G)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOSHUA JONES,

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No. 2:14-cv-2546 MCE CKD PS
Plaintiff,

v.

ORDER

W.S. DARLEY & COMPANY, et al.,
Defendants.

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

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

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

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

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

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

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

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personal jurisdiction with respect to such action.” 28 U.S.C. § 1391(b).

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In this action, the individual defendants are residents of Itasca, Illinois and the corporate

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defendant is also located there. In addition, a substantial part of the events giving rise to

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plaintiff’s claims occurred in Itasca, which is located in DuPage County. Therefore, plaintiff’s

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claim should have been filed in the United States District Court, Northern District of Illinois. In
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the 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, Northern District of Illinois.

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Dated: November 5, 2014

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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