(PS) Bledsoe v. Granberry ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DONNELL BLEDSOE, No. 2:19-cv-1648 JAM DB PS 12 Plaintiff, 13 v. ORDER 14 SHAWN GRANBERRY, et al., 15 Defendants, 16 17 Plaintiff Donnell Bledsoe is proceeding in this action pro se. This matter was referred to 18 the undersigned in accordance with Local Rule 302(c)(21) and 28 U.S.C. § 636(b)(1). Pending 19 before the court are plaintiff’s second amended complaint and motion to proceed in forma 20 pauperis pursuant to 28 U.S.C. § 1915. (ECF Nos. 1 & 13.) Therein, plaintiff complains about 21 alleged copyright infringement. 22 On October 19, 2020, the undersigned issued an order dismissing plaintiff’s complaint 23 with leave to file an amended complaint. (ECF No. 11.) That order raised the issue of whether 24 the Eastern District was the proper venue for this action. (Id. at 4.) On March 26, 2021, plaintiff 25 filed a second amended complaint. (ECF No. 13.) According to the second amended complaint 26 the defendants in this action reside in Oakland, CA. (Am. Compl. (ECF No. 13) at 1.) And the 27 alleged copyright infringement “took place” in Oakland, CA, and Emeryville, CA. (Id. at 4.) 28 //// 1 The court may “raise the issue of defective venue on its own motion.” Costlow v. Weeks, 2 | 790 F.2d 1486, 1488 (9th Cir. 1986) (affirming sua sponte dismissal for improper venue). 3 | Pursuant to 28 U.S.C. § 1391(b): 4 A civil action may be brought in— 5 (1) a judicial district in which any defendant resides, if all defendants 6 are residents of the State in which the district is located; (2) a judicial district in which a substantial part of the events or 7 omissions giving rise to the claim occurred, or a substantial part of 3 property that is the subject of the action is situated; or (3) if there is no district in which an action may otherwise be brought 9 as provided in this section, any judicial district in which any defendant is subject to the court’s personal jurisdiction with respect 10 to such action. 11 Here, second amended complaint alleges that the defendants reside—and the events 12 | giving rise to the claim at issue took place—in the judicial district for the United States District 13 | Court for the Northern District of California. “The district court of a district in which is filed a 14 | case laying venue in the wrong division or district shall dismiss, or if it be in the interest of 15 | justice, transfer such case to any district or division in which it could have been brought.” 28 16 | U.S.C. § 1406. 17 Accordingly, IT IS HEREBY ORDERED that this action is transferred to the United 18 | States District Court for the Northern District of California. 19 | Dated: April 8, 2021 20 21 22 ORAH BARNES UNITED STATES MAGISTRATE JUDGE 23 24 25 26 07 DLB:6 DB\orders\orders.pro se\bledsoe1648.transfer.ord 28