Durban v. Golden State Water Company

Filing 4

ORDER OF DISMISSAL dismissing matter without prejudice to refiling the claims in the proper district. Signed by Judge Marsha J. Pechman. (PM) cc: plaintiff via first class mail

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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DANIEL DURBAN,
Plaintiff,

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CASE NO. C17-1570 MJP
ORDER OF DISMISSAL
WITHOUT PREJUDICE

v.
GOLDEN STATE WATER
COMPANY,

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Defendant.
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Plaintiff, proceeding pro se, filed a complaint (Dkt. No. 1) which has been assigned to
this Court. The Court has reviewed Plaintiff’s pleadings and concluded that his case cannot be
litigated in this district.
All of the conduct and conditions of which Plaintiff complains occurred in California
(apparently in the Los Angeles area). Therefore, his claims arose in the Central District of
California and not in the Western District of Washington. Accordingly, venue is proper in the

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ORDER OF DISMISSAL WITHOUT PREJUDICE - 1

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Central District of California and not here. See 28 U.S.C. § 1391(b) 1. When a case is filed in the

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wrong district, the district court "shall dismiss, or if it be in the interest of justice, transfer such

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case to any district or division in which it could have been brought." 28 U.S.C. § 1406(a).

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Plaintiff will not be prejudiced by dismissal of the instant complaint as there is nothing to

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prevent him from re-filing it in the Central District of California. Therefore,

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IT IS ORDERED that the above-entitled matter is DISMISSED without prejudice to refile the claims in the proper district.

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The clerk is ordered to provide copies of this order to Plaintiff.
Dated: October 26, 2017.

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Marsha J. Pechman
United States District Judge

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Venue would also be proper in any district in which the defendant resides. See 28
U.S.C. § 1391(b). It appears that the Defendant resides in the Central District of California as
well.

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ORDER OF DISMISSAL WITHOUT PREJUDICE - 2