Amatrone et al v. Champion et al

Filing 5

ORDER signed by Magistrate Judge Carolyn K. Delaney on 3/23/2015 TRANSFERRING this matter to the United States District Court for the Northern District of California, Oakland Division. CASE CLOSED. (Michel, G.)

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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 ROBERT AMATRONE, et al., 12 13 14 15 No. 2:15-cv-0616 KJM CKD PS Plaintiffs, v. ORDER RANDY CHAMPION, et al., Defendants. 16 17 Plaintiffs are proceeding in this action pro se. Plaintiffs do not allege a basis for subject 18 matter jurisdiction. The federal venue statute provides that a civil action may be brought only in 19 “(1) a judicial district where any defendant resides, if all defendants are residents of the State in 20 which the district is located; (2) a judicial district in which a substantial part of the events or 21 omissions giving rise to the claim occurred, or a substantial part of property that is the subject of 22 the action is situated; or (3) if there is no district in which an action may otherwise be brought as 23 provided in this section, any judicial district in which any defendant is subject to the court’s 24 personal jurisdiction with respect to such action.” 28 U.S.C. § 1391(b). 25 In this action, plaintiffs allege that defendants unlawfully searched their residence located 26 in Alamo, California, which is in Contra Costa County. Plaintiffs also allege claims against 27 various Contra Costa officials. Therefore, plaintiff’s claim should have been filed in the United 28 States District Court, Northern District of California. In the interest of justice, a federal court 1 1 may transfer a complaint filed in the wrong district to the correct district. See 28 U.S.C. 2 § 1406(a); Starnes v. McGuire, 512 F.2d 918, 932 (D.C. Cir. 1974). 3 Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the United 4 States District Court, Northern District of California, Oakland Division. 5 Dated: March 23, 2015 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 6 7 8 9 4 amatrome.tra 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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