(PS) Davis v. Wilkie ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LEON DAVIS JR., No. 2:20-cv-01586 JAM-AC PS 12 Plaintiff, 13 v. ORDER 14 DEPARTMENT OF VA-VBA-ROBERT WILKIE-SECRETARY, 15 Defendants. 16 17 18 Plaintiff, who is proceeding in pro se, has filed this case against the Department of 19 Veterans Affairs, and has paid the filing fee. Based on the contents of the complaint, the court 20 has determined that this case was filed in the improper venue. 21 The federal venue statute provides that “[a] civil action in which a defendant is an officer 22 or employee of the United States or any agency thereof acting in his official capacity or under 23 color of legal authority, or an agency of the United States, or the United States, may, except as 24 otherwise provided by law, be brought in any judicial district in which (A) a defendant in the 25 action resides, (B) a substantial part of the events or omissions giving rise to the claim occurred, 26 or a substantial part of property that is the subject of the action is situated, or (C) the plaintiff 27 resides if no real property is involved in the action.” 28 U.S.C. § 1391(e)(1). 28 MAO 2 EUV EYOUUMEAINIT ENN UC PON VOPR ee PAY ee 1 In this case, plaintiff complains of incidents that occurred during his employment at the 2 || Oakland Regional Office of the VA. See ECF No. 1 at 9. Plaintiff lists himself as having a Texas 3 |} address. ECF No. | at 7. Oakland, California is in Alameda County, which is part of the 4 | Northern District of California. In the interest of justice, a federal court may transfer a complaint 5 || filed in the wrong district to the correct district. See 28 U.S.C. § 1406(a); Starnes v. McGuire, 6 | 512 F.2d 918, 932 (D.C. Cir. 1974). 7 Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the United 8 || States District Court for the Northern District of California. 9 | DATED: August 11, 2020 ~ 10 Hhthren— Char ALLISON CLAIRE 11 UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28