Smiley v. JP Morgan Chase

Filing 3

ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/7/14 ORDERING that this matter is TRANSFERRED to the United States District Court, Northern District of California. (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KIONA SMILEY,

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Plaintiff,

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No. 2:14-cv-0815 KJM CKD PS

v.

ORDER

JP MORGAN CHASE,

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Defendant.

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Plaintiff is proceeding in this action pro se. Plaintiff does not allege a basis for subject

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matter jurisdiction. The federal venue statute provides that a civil action may be brought only in

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“(1) a judicial district where any defendant resides, if all defendants are residents of the State in

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which the district is located; (2) a judicial district in which a substantial part of the events or

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omissions giving rise to the claim occurred, or a substantial part of property that is the subject of

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the action is situated; or (3) if there is no district in which an action may otherwise be brought as

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provided in this section, any judicial district in which any defendant is subject to the court’s

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personal jurisdiction with respect to such action.” 28 U.S.C. § 1391(b).

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In this action, the property which is the subject of this action is located in Oakland,

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California. Therefore, plaintiff’s claim should have been filed in the United States District Court,

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Northern District of California. In the interest of justice, a federal court may transfer a complaint

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filed in the wrong district to the correct district. See 28 U.S.C. § 1406(a); Starnes v. McGuire,

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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, Northern District of California.

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Dated: April 7, 2014

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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4 smiley.tra

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