Jenkins v. JP Morgan Chase Bank
Filing
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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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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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JOHN JENKINS,
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Plaintiff,
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No. 2:17-cv-0877 KJM CKD PS
v.
ORDER
JP MORGAN CHASE BANK,
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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, plaintiff alleges that defendant committed unlawful actions with respect to
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property located in Concord, North Carolina which is in Cabarrus County. Therefore, plaintiff’s
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claim should have been filed in the United States District Court, Middle District of North
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Carolina. 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, Middle District of North Carolina.
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Dated: April 28, 2017
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
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