Hume v. Poskaitis ( 2023 )

1 2 3 4 5 6 7 8 9 10 UNITED STATES DISTRICT COURT 11 EASTERN DISTRICT OF CALIFORNIA 12 13 EDWARD D. HUME, Case No. 1:23-cv-00944-SKO 14 Plaintiff, ORDER TRANSFERRING CASE 15 v. MARGARET POSKAITIS, et al., 16 Defendants. 17 _____________________________________/ 18 19 On June 23, 2023, Plaintiff Edward D. Hume, proceeding pro se, filed a complaint against 20 Defendants Margaret Poskaitis, Christina Moody, and Janet E. Hume, along with an application to 21 proceed in forma pauperis. (Docs. 1, 2.) 22 The federal venue statute requires that a civil action, other than one based on diversity 23 jurisdiction, be brought only in “(1) a judicial district in which any defendant resides, if all 24 defendants are residents of the State in which the district is located; (2) a judicial district in which a 25 substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of 26 property that is the subject of the action is situated; or (3) if there is no district in which an action 27 may otherwise be brought as provided in this section, any judicial district in which any defendant is 28 subject to the court's personal jurisdiction with respect to such action.” 28 U.S.C. § 1391(b). 1 Here, two of the Defendants reside in Sonora, California, Plaintiff is a resident of Florida, 2 and one Defendant is a resident of the Commonwealth of Virginia. (See Doc. 1 at 1–3.) The 3 property that is the subject of the dispute is located in San Mateo County (id. at 4–6), which is in 4 the Northern District of California. Therefore, Plaintiff’s suit should have been filed in the United 5 States District Court for the Northern District of California. 6 In the interest of justice, a federal court may transfer a complaint filed in the wrong district 7 to the correct district. See 28 U.S.C. § 1406(a); Abrams Shell v. Shell Oil Co., 165 F. Supp. 2d 1096, 8 1103 (C.D. Cal. 2001). Based on the foregoing, IT IS HEREBY ORDERED that this matter is 9 transferred to the United States District Court for the Northern District of California. 1 10 IT IS SO ORDERED. 11 12 Dated: June 26, 2023 /s/ Sheila K. Oberto . UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28