Sharp v. Hornaday

Filing 3

ORDER signed by Magistrate Judge Carolyn K. Delaney on 2/10/2017 CASE TRANSFERRED to District of Idaho, Boise Division. (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 CALYSTA SHARP, 12 13 14 15 No. 2:17-cv-0256 TLN CKD PS Plaintiff, v. ORDER ERIC HORNADAY, Defendant. 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, plaintiffs allege that defendant, who resides in Boise, Idaho, has triggered 25 memories of sexual abuse plaintiff allegedly suffered as a young child. Although it is not clear 26 from plaintiff’s pleadings the basis of subject matter jurisdiction, it is apparent that venue is not 27 proper in the Eastern District of California. To the extent plaintiff’s claims can be discerned, it 28 appears that the instant action should have been filed in the United States District Court, District 1 1 of Idaho. In the interest of justice, a federal court may transfer a complaint filed in the wrong 2 district to the correct district. See 28 U.S.C. § 1406(a); Starnes v. McGuire, 512 F.2d 918, 932 3 (D.C. Cir. 1974). 4 Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the United 5 States District Court, District of Idaho, Boise Division. 6 Dated: February 10, 2017 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 7 8 9 10 4 sharp0256 .tra 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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