(PS) Kent v. Office of the Inspector General et al

Filing 3

ORDER signed by Magistrate Judge Allison Claire on 2/18/21 TRANSFERRING this matter to the United States District Court for the District of Oregon. CASE CLOSED (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SAMUEL JAMES KENT,

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No. 2:21-cv-0296 JAM AC PS

Plaintiff,
v.

ORDER

OFFICE OF THE INSPECTOR
GENERAL OF THE UNITED STATES,
Defendant.

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Plaintiff, who is proceeding in pro se, has filed an application to proceed in forma
pauperis pursuant to 28 U.S.C. § 1915. ECF No. 2.
The federal venue statute provides that “[a] civil action in which a defendant is an officer

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or employee of the United States or any agency thereof acting in his official capacity or under

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color of legal authority, or an agency of the United States, or the United States, may, except as

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otherwise provided by law, be brought in any judicial district in which (A) a defendant in the

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action resides, (B) a substantial part of the events or omissions giving rise to the claim occurred,

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or a substantial part of property that is the subject of the action is situated, or (C) the plaintiff

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resides if no real property is involved in the action.” 28 U.S.C.A. § 1391(e)(1).

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In this case, plaintiff resides in Portland, Oregon. The defendant is a United States

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Agency located in Washington, D.C. ECF No. 1. Based on the contents of the complaint, no real
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property is involved in the suit, and there is no indication that any event occurred within the

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Eastern District of California. ECF No. 1 at 8. Therefore, plaintiff’s claim should have been filed

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in the United States District Court for the District of Oregon. In the interest of justice, a federal

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court may transfer a complaint filed in the wrong district to the correct district. See 28 U.S.C. §

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1406(a); 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 for the District of Oregon.

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DATED: February 18, 2021

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