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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CALYSTA SHARP,

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No. 2:17-cv-0256 TLN CKD PS

Plaintiff,
v.

ORDER

ERIC HORNADAY,
Defendant.

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

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

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

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

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

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

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

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In this action, plaintiffs allege that defendant, who resides in Boise, Idaho, has triggered

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memories of sexual abuse plaintiff allegedly suffered as a young child. Although it is not clear

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from plaintiff’s pleadings the basis of subject matter jurisdiction, it is apparent that venue is not

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proper in the Eastern District of California. To the extent plaintiff’s claims can be discerned, it

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appears that the instant action should have been filed in the United States District Court, District
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of Idaho. In the interest of justice, a federal court may transfer a complaint filed in the wrong

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district to the correct district. See 28 U.S.C. § 1406(a); Starnes v. McGuire, 512 F.2d 918, 932

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(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, District of Idaho, Boise Division.

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Dated: February 10, 2017

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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4 sharp0256 .tra

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