Shannon v. USPS et al

Filing 11

ORDER TO SHOW CAUSE Why Case Should Not be Transferred. Show Cause Response due by 4/11/2014. Signed by Magistrate Judge Donna M. Ryu on 03/27/2014. (dmrlc1, COURT STAFF) (Filed on 3/27/2014)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

11
For the Northern District of California

United States District Court

10
BRUCE SHANNON,

12
13

Plaintiff(s),

No. C-14-00004 DMR
ORDER TO SHOW CAUSE WHY CASE
SHOULD NOT BE TRANSFERRED

v.

14

USPS ET AL,

15

Defendant(s).
___________________________________/

16
17

According to Plaintiff’s Amended Complaint, the incidents that form the basis of his

18

complaint took place in Jackson, Mississippi, and Plaintiff lives in San Francisco, California.

19

Pursuant to 28 U.S.C. § 1391, a case in which jurisdiction is not based solely on diversity of

20

citizenship1 may be filed only in:

21

(1) a judicial district in which any defendant resides, if all defendants are
residents of the State in which the district is located; (2) a judicial district in
which a substantial part of the events or omissions giving rise to the claim
occurred, or a substantial part of property that is the subject of the action is
situated; or (3) if there is no district in which an action may otherwise be
brought as provided in this section, any judicial district in which any
defendant is subject to the court’s personal jurisdiction with respect to such
action.

22
23
24
25
26
27
28

1

In his Complaint, Plaintiff states that he is filing under 42 U.S.C. § 1983 and alleges that this
Court has federal question jurisdiction over this case.

1

28 U.S.C. § 1391(b). Based on the allegations in the complaint, it appears that the proper venue for

2

this case is the Southern District of Mississippi because that is where “a substantial part of the

3

events or omissions giving rise to the claim occurred.” 28 U.S.C. § 1391(b)(2). When a plaintiff

4

files his or her case in the wrong district, the court must either dismiss the case or transfer it to the

5

District Court in the correct district. See 28 U.S.C. § 1406(a). Thus, unless Plaintiff can show legal

6

authority for venue in this district, the court will transfer the case to the Southern District of

7

Mississippi. Accordingly, IT IS HEREBY ORDERED that, by no later than April 11, 2014,

8

Plaintiff shall file a statement explaining why this case should not be transferred to the United States

9

District Court for the Southern District of Mississippi. Plaintiff shall also state whether the

11

for April 2, 2014 is VACATED and will be re-set, if necessary.

12

The court refers Plaintiff to the section “Representing Yourself” on the Court’s website,

13

located at http://cand.uscourts.gov/proselitigants, as well as the Court’s Legal Help Centers for

14

unrepresented parties. In San Francisco, the Legal Help Center is located on the 15th Floor, Room

15

2796, of the United States Courthouse, 450 Golden Gate Avenue, San Francisco. In Oakland, the

16

Legal Help Center is located on the 4th Floor, Room 470S, of the United States Courthouse, 1301

17

Clay Street, Oakland.

S

18

21

Dated: March 27, 2014

DERED

O OR
IT IS S

. Ryu

NO

nna M
DONNA JudRYU o
M. ge D

22

RT

23

United States Magistrate Judge

ER

25
26
27
28

2

A

H

24

R NIA

20

FO

IT IS SO ORDERED.

S DISTRICT
TE
C
TA

LI

19

UNIT
ED

For the Northern District of California

Amended Complaint has been served on Defendants. The Case Management Conference scheduled

RT
U
O

United States District Court

10

N

F
D IS T IC T O
R

C