Oelker v. State of Idaho et al

Filing 5

ORDER. Accordingly, it is hereby ORDERED that the Clerk of Court transfer this matter to the District of Idaho and that this case be closed. Signed by Magistrate Judge Nancy J. Koppe on 8/29/2024. (Copies have been distributed pursuant to the NEF - RJDG)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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JEROMY OELKER,

TRANSFER ORDER

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v.

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STATE OF IDAHO, et al.,

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Case No. 2:24-cv-01406-NJK

Plaintiff(s),

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Defendant(s).
Plaintiff brings this case pro se and is attempting to proceed in forma pauperis. Docket

12 No.1. Plaintiff’s complaint arises out of allegations regarding legal proceedings in Idaho, see
13 Docket No. 1-1 at 3-4,1 and he sues the state of Idaho, a federal judge sitting in Idaho, and a defense
14 attorney located in Idaho, Docket No. 1-1 at 2-3.
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The federal venue statute requires that a civil action be brought in (1) a judicial district in

16 which any defendant resides, if all defendants reside in the same state where the district is located,
17 (2) a judicial district in which a substantial part of the events or omissions giving rise to the claim
18 occurred, or a substantial part of property that is the subject of the action is situated, or (3) a judicial
19 district in which any defendant is subject to personal jurisdiction at the time the action is
20 commenced, if there is no district in which the action may otherwise be brought. 28 U.S.C. §
21 1391(b). If a case has been filed in the wrong district, the district court in which the case has been
22 incorrectly filed has the discretion to transfer such case to any district in which it could have been
23 brought. 28 U.S.C. § 1406(a).
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Nevada is not a proper venue. First, Defendants do not reside in Nevada. Second, the

25 complaint provides no connection to this District with respect to the events alleged. Instead, the
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The Court liberally construes the filings of pro se litigants. Erickson v. Pardus, 551 U.S.
28 89, 94 (2007).

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1 allegations are centered in the District of Idaho. Hence, none of the statutory provisions renders
2 this District a proper venue for this case.
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Accordingly, it is hereby ORDERED that the Clerk of Court transfer this matter to the

4 District of Idaho and that this case be closed.2
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IT IS SO ORDERED.

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Dated: August 29, 2024
______________________________
Nancy J. Koppe
United States Magistrate Judge

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In light of this transfer, the Court declines to rule on Plaintiff’s application to proceed in
28 forma pauperis or to screen Plaintiff’s complaint pursuant to 28 U.S.C. § 1915(e).

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