Drake v. Safeway Inc. et al

Filing 4

ORDER TO SHOW CAUSE: By no later than 1/18/2019, Plaintiff shall file a statement explaining why this case should not be transferred to the United States District Court for the Northern District of Texas. Signed by Magistrate Judge Donna M. Ryu on 1/8/19. (ig, COURT STAFF) (Filed on 1/8/2019)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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E. DRAKE,
Plaintiff,

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United States District Court
Northern District of California

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Case No. 19-cv-00048-DMR

v.
SAFEWAY INC., et al.,

ORDER TO SHOW CAUSE WHY
CASE SHOULD NOT BE
TRANSFERRED

Defendants.
Plaintiff E. Drake filed the complaint and an application to proceed in forma pauperis

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(“IFP”) on January 3, 2019. [Docket Nos. 1, 2.] According to Plaintiff’s complaint, the incident

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that forms the basis for his complaint took place in Dallas, Texas, and Plaintiff lives in Atlanta,

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Georgia. Pursuant to 28 U.S.C. § 1391, a civil action may be filed in

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(1) a judicial district in which any defendant resides, if all
defendants are residents of the State in which the district is located;

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(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

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(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.

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

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for this case is the Northern District of Texas because that is where “a substantial part of the

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

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

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

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that this case is properly venued in this district, the court will transfer the case to the Northern

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District of Texas. Accordingly, IT IS HEREBY ORDERED that, by no later than January 18,

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2019, Plaintiff shall file a statement explaining why this case should not be transferred to the

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United States District Court for the Northern District of Texas.

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IT IS SO ORDERED.
Dated: January 8, 2019
______________________________________
DONNA M. RYU
United States Magistrate Judge

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United States District Court
Northern District of California

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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E. DRAKE,

Case No. 4:19-cv-00048-DMR
Plaintiff,

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v.

CERTIFICATE OF SERVICE

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SAFEWAY INC., et al.,
Defendants.

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.

United States District Court
Northern District of California

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That on January 8, 2019, I SERVED a true and correct copy(ies) of the attached, by
placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by
depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery
receptacle located in the Clerk's office.

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E. Drake
P.O. Box 20084
Atlanta, GA 30318
Dated: January 8, 2019

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Susan Y. Soong
Clerk, United States District Court

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By:________________________
Ivy Lerma Garcia, Deputy Clerk to the
Honorable DONNA M. RYU

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