Cooke v. County of Nevada et al

Filing 5

ORDER signed by Magistrate Judge Carolyn K. Delaney on 5/22/12: This matter is transferred to the United States District Court for the District of Nevada, Reno Division. (Kaminski, H) [Transferred from California Eastern on 5/24/2012.]

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBERT COOKE,

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Plaintiff,

No. CIV S-12-837 MCE CKD PS

vs.
COUNTY OF NEVADA, et al.,
Defendants.

ORDER
/

Plaintiff is proceeding in this action pro se and in forma pauperis. Plaintiff has

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filed an amended complaint. In the amended complaint, plaintiff alleges claims against

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individuals who are employees of the City of Reno and the County of Washoe, Nevada.

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Although plaintiff names as a defendant the County of Nevada, there are no claims alleged in the

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complaint against this defendant and plaintiff has attached as an exhibit to the complaint a note

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in which he states “There is no case against Nevada County.” Plaintiff’s claims arise out of an

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allegedly unlawful seizure of property from his home located in Reno, Nevada.

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The federal venue statute requires that a civil action, other than one based on

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diversity jurisdiction, be brought only in “(1) a judicial district where any defendant resides, if all

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defendants reside in the same State, (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) a judicial district in which any defendant may be found, if there is

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no district in which the action may otherwise be brought.” 28 U.S.C. § 1391(b).

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In this case, it appears that defendants reside in Nevada and a substantial part of

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the events giving rise to plaintiff’s claims occurred in Reno, Nevada, which is in the District of

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Nevada, Reno Division. Therefore, plaintiff’s claim should have been filed in the United States

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District Court for the District of Nevada. In the interest of justice, a federal court may transfer a

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complaint filed in the wrong district to the correct district. See 28 U.S.C. § 1406(a); Starnes v.

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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 States District Court for the District of Nevada, Reno Division.

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Dated: May 22, 2012

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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cooke.tra

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