Goraya v. Martinez et al

Filing 4

ORDER TO SHOW CAUSE. Show Cause Response due by 11/4/2015. Signed by Magistrate Judge Donna M. Ryu on 10/28/2015. (dmrlc1, COURT STAFF) (Filed on 10/28/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MANJIT GORAYA,

Case No. 15-cv-04844-DMR

Plaintiff,
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v.

ORDER TO SHOW CAUSE WHY CASE
SHOULD NOT BE TRANSFERRED

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HUGO F. MARTINEZ, et al.,
Defendants.

United States District Court
Northern District of California

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On October 21, 2015, Defendant Norma Martinez removed this case pursuant to 28 U.S.C.

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§ 1441 from Superior Court of California, County of San Joaquin, where it was pending as a

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complaint against Defendants Hugo F. Martinez, Norma Martinez, and Celia Domionquez.

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Defendant Norma Martinez also filed an application to proceed in forma pauperis. According to

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Defendant Norma Martinez, Plaintiff Manjit Goraya’s complaint presents a federal question such

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that the case could have originally been filed in this Court. (Notice of Removal ¶¶ 5-6.)

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Pursuant to 28 U.S.C. § 1441, “any civil action brought in a State court of which the

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district courts of the United States have original jurisdiction, may be removed by the defendant or

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the defendants, to the district court of the United States for the district and division embracing the

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place where such action is pending.” 28 U.S.C. § 1441(a). Based on the notice of removal, it

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appears that the proper venue for this case is the Eastern District of California, because it

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“embraces” San Joaquin County, where the action was pending. According to 28 U.S.C. §

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1406(a), “[t]he district court of a district in which is filed a case laying venue in the wrong

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division or district shall dismiss, or if it be in the interest of justice, transfer such case to any

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district or division in which it could have been brought.” Accordingly, IT IS HEREBY

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ORDERED that, by no later than November 4, 2015, Defendant Norma Martinez shall file a

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statement explaining why this case should not be transferred to the United States District Court for

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United States District Court
Northern District of California

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______________________________________
M. Ryu
Donna
udge
JDonna M. Ryu
United States Magistrate Judge

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Dated: October 28, 2015

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IT IS SO ORDERED.

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the Eastern District of California.

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