Larsen v. U.S. Department of Education

Filing 4

ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/5/2017 ORDERING that this matter is TRANSFERRED to the United States District Court, Northern District of Texas. CASE CLOSED. (Zignago, K.) [Transferred from California Eastern on 4/6/2017.]

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KIT LARSEN, 12 13 14 15 No. 2:17-cv-0716 TLN CKD PS Plaintiff, v. ORDER U.S. DEPARTMENT OF EDUCATION, Defendant. 16 17 The federal venue statute provides that a civil action may be brought only in “(1) a 18 judicial district where any defendant resides, if all defendants are residents of the State in which 19 the district is located; (2) a judicial district in which a substantial part of the events or omissions 20 giving rise to the claim occurred, or a substantial part of property that is the subject of the action 21 is situated; or (3) if there is no district in which an action may otherwise be brought as provided in 22 this section, any judicial district in which any defendant is subject to the court’s personal 23 jurisdiction with respect to such action.” 28 U.S.C. § 1391(b). 24 In this action, plaintiffs allege that defendant is located in Greenville, Texas, which is in 25 the Northern District of Texas. Therefore, plaintiff’s claim should have been filed in the United 26 States District Court, Northern District of Texas. In the interest of justice, a federal court may 27 transfer a complaint filed in the wrong district to the correct district. See 28 U.S.C. § 1406(a); 28 Starnes v. McGuire, 512 F.2d 918, 932 (D.C. Cir. 1974). 1 1 Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the United 2 States District Court, Northern District of Texas. 3 Dated: April 5, 2017 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 4 5 6 4 larsen0716.tra 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?