Sapp v. T-Mobile USA

Filing 11

ORDER OF TRANSFER. **Civil Case Terminated.** Signed by Judge Haywood S. Gilliam, Jr. on 4/3/2017. (Attachments: # 1 Certificate/Proof of Service)(ndrS, COURT STAFF) (Filed on 4/3/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SHAMONT L. SAPP,
Plaintiff,

United States District Court
Northern District of California

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ORDER OF TRANSFER

v.

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Case No. 17-cv-01220-HSG (PR)

T-MOBILE USA, INC.,
Defendant.

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Plaintiff, a prisoner incarcerated at the State Correctional Institution–Camp Hill in

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Pennsylvania, has filed a pro se action for breach of contract against T-Mobile USA, Inc. A

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complaint must demonstrate that the district court has either federal question or diversity

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jurisdiction. The diversity jurisdiction statute confers jurisdiction in cases where the parties are

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citizens of different states and where the amount in controversy exceeds $75,000. 28 U.S.C.

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§ 1332.

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Plaintiff asserts that this court has jurisdiction on the basis of diversity because he is a

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resident of Pennsylvania, and T-Mobile is in California. However, T-Mobile USA, Inc. is a

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Delaware corporation with its principal place of business in Bellevue, Washington. None of the

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events or omissions giving rise to the complaint occurred in California. Venue therefore would be

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proper in the Western District of Washington, and not in this one. See 28 U.S.C. § 1391(b).

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Accordingly, in the interest of justice and pursuant to 28 U.S.C. § 1406(a), this action is
TRANSFERRED to the United States District Court for the Western District of Washington. In

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view of the transfer, the Court will not rule upon plaintiff’s pending motion to proceed in forma

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pauperis (Docket No. 8).

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The Clerk shall transfer this matter.

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IT IS SO ORDERED.

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Dated: 4/3/2017

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HAYWOOD S. GILLIAM, JR.
United States District Judge

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United States District Court
Northern District of California

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