Smith et al v. Lewis

Filing 3

ORDER signed by Magistrate Judge Carolyn K. Delaney on 3/10/2015 ORDERING that this case is TRANSFERRED to the Western District of Kentucky, Louisville Division. CASE CLOSED(Reader, L) [Transferred from caed on 3/11/2015.]

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JAMES SMITH,

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Plaintiff,

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No. 2:15-cv-0517 TLN CKD PS

v.

ORDER

ANTHONY LEWIS,

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Defendant.

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Plaintiff is proceeding in this action pro se. Plaintiff alleges diversity as the basis for

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subject matter jurisdiction. The federal venue statute provides that a civil action may be brought

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only in “(1) a judicial district where any defendant resides, if all defendants are residents of the

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State in which the district is located; (2) a judicial district in which a substantial part of the events

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or omissions giving rise to the claim occurred, or a substantial part of property that is the subject

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of the action is situated; or (3) if there is no district in which an action may otherwise be brought

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as provided in this section, any judicial district in which any defendant is subject to the court’s

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personal jurisdiction with respect to such action.” 28 U.S.C. § 1391(b).

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In this action, defendant resides in Louisville, Kentucky and the internet activity

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complained of originated from that location. Therefore, plaintiff’s claim should have been filed

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in the United States District Court, Western District of Kentucky. In the interest of justice, a

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federal court may transfer a complaint filed in the wrong district to the correct district. See 28

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U.S.C. § 1406(a); Starnes v. McGuire, 512 F.2d 918, 932 (D.C. Cir. 1974).

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Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the United

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States District Court, Western District of Kentucky, Louisville Division.

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Dated: March 10, 2015

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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4 smith0517.tra

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