(PS) Thomas v. Haire et al

Filing 8

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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JASON LATRELL THOMAS, 12 Plaintiff, 13 14 No. 2:21-cv-02003 JAM AC v. ORDER SERENA J. HAIRE, et al., 15 Defendants. 16 Plaintiff, a state prisoner proceeding in pro se, has filed a complaint that addressed matters 17 18 unrelated to his conditions of confinement. ECF No. 1. Plaintiff has also filed a motion for an 19 injunction, and an application to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. ECF 20 Nos. 4, 7. The federal venue statute provides that a civil action “may be brought in (1) a judicial 21 22 district in which any defendant resides, if all defendants are residents of the State in which the 23 district is located, (2) a judicial district in which a substantial part of the events or omissions 24 giving rise to the claim occurred, or a substantial part of property that is the subject of the action 25 is situated, or (3) if there is no district in which an action may otherwise be brought as provided in 26 this action, any judicial district in which any defendant is subject to the court’s personal 27 jurisdiction with respect to such action.” 28 U.S.C. § 1391(b). 28 //// 1 1 In this case, both defendants reside in Las Vegas, Nevada. ECF No. 1 at 3. Plaintiff 2 alleges various acts of fraud were committed in Las Vegas, Nevada by defendants following the 3 death of his father, which also occurred in Las Vegas, Nevada. Though plaintiff alleges his father 4 purchased property in Los Angeles and Riverside Counties, California, before moving to Nevada 5 (ECF No. 1 at 7) there is no indication that significant events giving rise to plaintiff’s attempted 6 claims took place in California or that significant property exists in California. Further, the court 7 notes that neither Los Angeles nor Riverside Counties are within the boundaries of the Eastern 8 District of California. 9 The undersigned believes this case should have been filed in the District of Nevada. In 10 the interest of justice, a federal court may transfer a complaint filed in the wrong district to the 11 correct district. See 28 U.S.C. § 1406(a); Starnes v. McGuire, 512 F.2d 918, 932 (D.C. Cir. 12 1974). 13 Accordingly, this case is TRANSFERRED to the District of Nevada. 14 IT IS SO ORDERED. 15 DATED: January 6, 2022 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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