(PS) Howard v. Daly ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 STANLEY HOWARD, No. 2:20-cv-01808-JAM-AC 12 Plaintiff, 13 v. ORDER 14 MARY C. DALY, et al., 15 Defendants. 16 17 Plaintiff, who is proceeding in pro se, has filed an application to proceed in forma 18 pauperis pursuant to 28 U.S.C. § 1915. ECF No. 2. 19 The federal venue statute provides that a civil action “may be brought in (1) a judicial 20 district in which any defendant resides, if all defendants are residents of the State in which the 21 district is located, (2) a judicial district in which a substantial part of the events or omissions 22 giving rise to the claim occurred, or a substantial part of property that is the subject of the action 23 is situated, or (3) if there is no district in which an action may otherwise be brought as provided in 24 this action, any judicial district in which any defendant is subject to the court’s personal 25 jurisdiction with respect to such action.” 28 U.S.C. § 1391(b). 26 In this case, all defendants are located in San Francisco, California. The defendants are 27 each employed by the Federal Reserve Bank of San Francisco. ECF No. 1 at 6. Though the 28 contents of plaintiff’s complaint are convoluted, plaintiff appears to take issue with the existence MwA 2 EUW UVM LOUOUVEAINIT ENN UIC OPO Oe PAY ee 1 | of the federal reserve bank system. Id. at 1-10. Thus, a substantial part of the claims occurred, to 2 || the extent they occurred anywhere, in San Francisco. Therefore, plaintiffs claim should have 3 | been filed in the United States District Court for the Northern District of California. In the 4 | interest of justice, a federal court may transfer a complaint filed in the wrong district to the 5 || correct district. See 28 U.S.C. § 1406(a); Starnes v. McGuire, 512 F.2d 918, 932 (D.C. Cir. 6 || 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: September 17, 2020 ~ 10 Chthien—Chare ALLISON CLAIRE 11 UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28