Azzawi v. International Centre for Dispute Resolution Organization et al.

Filing 5

ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/20/16: This matter is transferred to the United States District Court, Southern District of New York, Manhattan Division. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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WAMEEDH AL AZZAWI,

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Plaintiff,

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v.

No. 2:16-cv-0093 KJM CKD PS

ORDER

INTERNATIONAL CENTRE FOR
DISPUTE RESOLUTION
ORGANIZATION, 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, plaintiff complains about actions taken by defendant arbitrators, who are

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located in New York, New York. Therefore, plaintiff’s claim should have been filed in the

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United States District Court, Southern District of New York. In the interest of justice, a federal
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court may transfer a complaint filed in the wrong district to the correct district. See 28 U.S.C.

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§ 1406(a); Starnes v. McGuire, 512 F.2d 918, 932 (D.C. Cir. 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, Southern District of New York, Manhattan Division.

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Dated: January 20, 2016

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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4 azzawi0093.tra

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