Greene v. United States Department of Housing and Urban Development ( 2022 )

1 2 3 4 5 6 7 8 9 10 UNITED STATES DISTRICT COURT 11 EASTERN DISTRICT OF CALIFORNIA 12 13 CEDRIC GREENE, Case No. 1:22-cv-00203-DAD-SKO 14 Plaintiff, ORDER TRANSFERRING CASE 15 v. 16 UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, 17 Defendant. 18 _____________________________________/ 19 20 On February 17, 2022, Plaintiff Cedric Greene, proceeding pro se, filed a complaint 21 against Defendant United States Department of Housing and Urban Development, along with an 22 application to proceed in forma pauperis. (Docs. 1, 2.) 23 The federal venue statute requires that a civil action, other than one based on diversity 24 jurisdiction, be brought only in “(1) a judicial district in which any defendant resides, if all 25 defendants are residents of the State in which the district is located; (2) a judicial district in which 26 a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part 27 of property that is the subject of the action is situated; or (3) if there is no district in which an 28 action may otherwise be brought as provided in this section, any judicial district in which any 1 defendant is subject to the court's personal jurisdiction with respect to such action.” 28 U.S.C. § 2 1391(b). 3 Neither Plaintiff nor Defendant resides in this district.1 The claims are also alleged to have 4 arisen in Los Angeles, California (see Doc. 1 at 3–4), which is in the Western Division of the 5 Central District of California. Therefore, Plaintiff’s suit should have been filed in the United 6 States District Court for the Central District of California, Western Division. In the interest of 7 justice, a federal court may transfer a complaint filed in the wrong district to the correct district. 8 See 28 U.S.C. § 1406(a); Abrams Shell v. Shell Oil Co., 165 F. Supp. 2d 1096, 1103 (C.D. Cal. 9 2001). 10 Based on the foregoing, IT IS HEREBY ORDERED that this matter is transferred to the 11 United States District Court for the Central District of California, Western Division. 2 12 IT IS SO ORDERED. 13 14 Dated: February 18, 2022 /s/ Sheila K. Oberto . UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 1 Plaintiff’s address is in Los Angeles, California. (See Doc. 1 at 1.) The complaint alleges that Defendant “is located 28 in the City of Los Angeles.” (See id. at 2.)