Smith et al v. Lewis

Filing 3

ORDER signed by Magistrate Judge Carolyn K. Delaney on 3/10/2015 ORDERING that this case is TRANSFERRED to the Western District of Kentucky, Louisville Division. CASE CLOSED(Reader, L)

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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 JAMES SMITH, 12 Plaintiff, 13 14 No. 2:15-cv-0517 TLN CKD PS v. ORDER ANTHONY LEWIS, 15 Defendant. 16 Plaintiff is proceeding in this action pro se. Plaintiff alleges diversity as the basis for 17 18 subject matter jurisdiction. The federal venue statute provides that a civil action may be brought 19 only in “(1) a judicial district where any defendant resides, if all defendants are residents of the 20 State in which the district is located; (2) a judicial district in which a substantial part of the events 21 or omissions giving rise to the claim occurred, or a substantial part of property that is the subject 22 of the action is situated; or (3) if there is no district in which an action may otherwise be brought 23 as 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). 25 In this action, defendant resides in Louisville, Kentucky and the internet activity 26 complained of originated from that location. Therefore, plaintiff’s claim should have been filed 27 in the United States District Court, Western District of Kentucky. In the interest of justice, a 28 ///// 1 1 federal court may transfer a complaint filed in the wrong district to the correct district. See 28 2 U.S.C. § 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, Western District of Kentucky, Louisville Division. 5 Dated: March 10, 2015 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 6 7 8 4 smith0517.tra 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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