Rasheed v. Ashford University et al

Filing 3

ORDERfor TRANSFER signed by Magistrate Judge Carolyn K. Delaney on 11/16/2015. This case is TRANSFERRED to USDC - Southern District of California and action is TERMINATED. (Marciel, M)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

HABEEBULLAH RASHEED,

12
13
14
15

No. 2:15-cv-2330 MCE CKD PS

Plaintiff,
v.

ORDER

ASHFORD UNIVERSITY, et al.,
Defendants.

16
17

The federal venue statute provides that a civil action may be brought only in “(1) a

18

judicial district where any defendant resides, if all defendants are residents of the State in which

19

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

20

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

21

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

22

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

23

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

24

In this action, plaintiff alleges that the defendant University is located in San Diego and

25

that the individually named defendants are also located there. Therefore, plaintiff’s claim should

26

have been filed in the United States District Court, Southern District of California. In the interest

27

of justice, a federal court may transfer a complaint filed in the wrong district to the correct

28

district. See 28 U.S.C. § 1406(a); Starnes v. McGuire, 512 F.2d 918, 932 (D.C. Cir. 1974).
1

1

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

2

States District Court, Southern District of California.

3

Dated: November 16, 2015

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

4
5
6
7

4 rasheed2330.tra

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