Jenkins v. JP Morgan Chase Bank

Filing 3

ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/28/2017 TRANSFERRING this matter to the United States District Court for the Middle District of North Carolina. CASE CLOSED. (Michel, G.)

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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 JOHN JENKINS, 12 Plaintiff, 13 14 No. 2:17-cv-0877 KJM CKD PS v. ORDER JP MORGAN CHASE BANK, 15 Defendant. 16 The federal venue statute provides that a civil action may be brought only in “(1) a 17 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 defendant committed unlawful actions with respect to 25 property located in Concord, North Carolina which is in Cabarrus County. Therefore, plaintiff’s 26 claim should have been filed in the United States District Court, Middle District of North 27 Carolina. In the interest of justice, a federal court may transfer a complaint filed in the wrong 28 ///// 1 1 district to the correct district. See 28 U.S.C. § 1406(a); Starnes v. McGuire, 512 F.2d 918, 932 2 (D.C. Cir. 1974). 3 Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the United 4 States District Court, Middle District of North Carolina. 5 Dated: April 28, 2017 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 6 7 8 4 jenkins0877.tra 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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