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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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 10 SHAMONT L. SAPP, Plaintiff, United States District Court Northern District of California 11 ORDER OF TRANSFER v. 12 13 Case No. 17-cv-01220-HSG (PR) T-MOBILE USA, INC., Defendant. 14 15 Plaintiff, a prisoner incarcerated at the State Correctional Institution–Camp Hill in 16 17 Pennsylvania, has filed a pro se action for breach of contract against T-Mobile USA, Inc. A 18 complaint must demonstrate that the district court has either federal question or diversity 19 jurisdiction. The diversity jurisdiction statute confers jurisdiction in cases where the parties are 20 citizens of different states and where the amount in controversy exceeds $75,000. 28 U.S.C. 21 § 1332. 22 Plaintiff asserts that this court has jurisdiction on the basis of diversity because he is a 23 resident of Pennsylvania, and T-Mobile is in California. However, T-Mobile USA, Inc. is a 24 Delaware corporation with its principal place of business in Bellevue, Washington. None of the 25 events or omissions giving rise to the complaint occurred in California. Venue therefore would be 26 proper in the Western District of Washington, and not in this one. See 28 U.S.C. § 1391(b). 27 28 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 1 view of the transfer, the Court will not rule upon plaintiff’s pending motion to proceed in forma 2 pauperis (Docket No. 8). 3 The Clerk shall transfer this matter. 4 IT IS SO ORDERED. 5 Dated: 4/3/2017 6 7 HAYWOOD S. GILLIAM, JR. United States District Judge 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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