(PS) Thomas v. Haire et al
Filing
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ORDER signed by Magistrate Judge Allison Claire on 01/06/2022 TRANSFERRING this matter to the District of Nevada. CASE CLOSED. (Rodriguez, E)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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JASON LATRELL THOMAS,
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Plaintiff,
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No. 2:21-cv-02003 JAM AC
v.
ORDER
SERENA J. HAIRE, et al.,
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Defendants.
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Plaintiff, a state prisoner proceeding in pro se, has filed a complaint that addressed matters
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unrelated to his conditions of confinement. ECF No. 1. Plaintiff has also filed a motion for an
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injunction, and an application to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. ECF
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Nos. 4, 7.
The federal venue statute provides that a civil action “may be brought in (1) a judicial
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district in which any defendant resides, if all defendants are residents of the State in which the
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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 action, 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 case, both defendants reside in Las Vegas, Nevada. ECF No. 1 at 3. Plaintiff
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alleges various acts of fraud were committed in Las Vegas, Nevada by defendants following the
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death of his father, which also occurred in Las Vegas, Nevada. Though plaintiff alleges his father
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purchased property in Los Angeles and Riverside Counties, California, before moving to Nevada
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(ECF No. 1 at 7) there is no indication that significant events giving rise to plaintiff’s attempted
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claims took place in California or that significant property exists in California. Further, the court
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notes that neither Los Angeles nor Riverside Counties are within the boundaries of the Eastern
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District of California.
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The undersigned believes this case should have been filed in the District of Nevada. In
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the interest of justice, a federal court may transfer a complaint filed in the wrong district to the
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correct district. See 28 U.S.C. § 1406(a); Starnes v. McGuire, 512 F.2d 918, 932 (D.C. Cir.
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1974).
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Accordingly, this case is TRANSFERRED to the District of Nevada.
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IT IS SO ORDERED.
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DATED: January 6, 2022
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