Larsen v. U.S. Department of Education

Filing 4

ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/5/2017 ORDERING that this matter is TRANSFERRED to the United States District Court, Northern District of Texas. CASE CLOSED. (Zignago, K.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KIT LARSEN,

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No. 2:17-cv-0716 TLN CKD PS
Plaintiff,

v.

ORDER

U.S. DEPARTMENT OF EDUCATION,
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 is located in Greenville, Texas, which is in

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the Northern District of Texas. Therefore, plaintiff’s claim should have been filed in the United

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States District Court, Northern District of Texas. In the interest of justice, a federal court may

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transfer a complaint filed in the wrong district to the correct district. See 28 U.S.C. § 1406(a);

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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, Northern District of Texas.

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Dated: April 5, 2017

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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4 larsen0716.tra

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