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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBERT AMATRONE, et al.,

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No. 2:15-cv-0616 KJM CKD PS

Plaintiffs,
v.

ORDER

RANDY CHAMPION, et al.,
Defendants.

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Plaintiffs are proceeding in this action pro se. Plaintiffs do 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, plaintiffs allege that defendants unlawfully searched their residence located

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in Alamo, California, which is in Contra Costa County. Plaintiffs also allege claims against

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various Contra Costa officials. Therefore, plaintiff’s claim should have been filed in the United

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States District Court, Northern District of California. In the interest of justice, a federal court
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may transfer a complaint filed in the wrong district to the correct district. See 28 U.S.C.

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§ 1406(a); Starnes v. McGuire, 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, Oakland Division.

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Dated: March 23, 2015

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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4 amatrome.tra

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