Kalincheva v. Neubarth

Filing 14

ORDER OF TRANSFER (Illston, Susan) (Filed on 7/30/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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MAGDALINA KALINCHEVA, M.D.,

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Plaintiff,

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No. C 13-03212-SI
ORDER OF TRANSFER
v.
JESSE NEUBARTH,
Defendant.
/

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Pro se plaintiff filed this action to enforce the contract created by the “Form I-864,” the affidavit

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of support signed by her immigration sponsor. See 8 U.S.C. § 1182(a). Section 213a.2(d), Title 8 of

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the Code of Federal Regulations states in relevant part that a sponsored immigrant “may seek

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enforcement of the sponsor’s obligations [under the affidavit or support] through an appropriate civil

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action.” This regulation is promulgated under 8 U.S.C. § 1183a, which also expressly creates a private

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right of action allowing a sponsored immigrant to enforce an affidavit of support. See 8 U.S.C.

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§ 1183a(e); Cobb v. Cobb, 1:12-CV-00875-LJO, 2012 WL 2620524, at *3 (E.D. Cal. July 5, 2012).

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Upon reviewing the materials filed by plaintiff, the Court concludes that this district is not the

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proper venue. According to the civil cover sheet, plaintiff resides in Stockton, California, and defendant

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resides in Bakersfield, California. Thus, both parties reside within the venue of the United States

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District Court for the Eastern District of California. No defendant is alleged to reside in, and none of

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the events or omissions giving rise to the complaint occurred in, the Northern District of California.

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Venue therefore would be proper in the Eastern District and not in this one. See 28 U.S.C. § 1391(b).

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Accordingly, in the interest of justice and pursuant to 28 U.S.C. § 1406(a), this action is

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TRANSFERRED to the United States District Court for the Eastern District of California. The clerk

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shall transfer this matter.1

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IT IS SO ORDERED.

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Dated: July30, 2013
SUSAN ILLSTON
United States District Judge

United States District Court
For the Northern District of California

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The Court also defers to the Eastern District to rule on plaintiff’s pending application to
proceed in forma pauperis.
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