Barabino v. Deangeli

Filing 3

ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/18/13: This matter is transferred to the United States District Court for the District of Nevada, Reno. (Kaminski, H) [Transferred from California Eastern on 4/18/2013.]

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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 BARABINO,

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Plaintiff,

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No. 2:13-0728 JAM CKD PS

vs.

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PETER DEANGELI, et al.,

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Defendants.

ORDER
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Plaintiff is proceeding in this action pro se. Plaintiff alleges claims under the Fair

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Housing Act, 42 U.S.C. § 3612(o). Venue for actions brought under that section is provided

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under 28 U.S.C. § 1391.

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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, there is no indication in the complaint where defendants reside.
However, it appears that a substantial part of the events giving rise to plaintiff’s claims occurred

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in Reno, Nevada, which is situated in District of Nevada. Therefore, plaintiff’s claim should

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have been filed in the United States District Court, District of Nevada, Reno. In the interest of

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justice, a federal court may transfer a complaint filed in the wrong district to the correct district.

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See 28 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 States District Court for the District of Nevada, Reno.
Dated: April 18, 2013

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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