(PS) Trifu v. Executive Office of Immigration Review ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DORU GABRIEL TRIFU, No. 2:23-cv-00966-TLN-AC 12 Plaintiff, 13 v. ORDER 14 EXECUTIVE OFFICE OF IMMIGRATION REVIEW and 15 IMMIGRATION COURT, 16 Defendants. 17 18 Plaintiff, who is proceeding in pro se, has filed an application to proceed in forma 19 pauperis pursuant to 28 U.S.C. § 1915. ECF No. 2. 20 The federal venue statute provides that a civil action “may be brought in (1) a judicial 21 district in which any defendant resides, if all defendants are residents of the State in which the 22 district is located, (2) a judicial district in which a substantial part of the events or omissions 23 giving rise to the claim occurred, or a substantial part of property that is the subject of the action 24 is situated, or (3) if there is no district in which an action may otherwise be brought as provided in 25 this action, any judicial district in which any defendant is subject to the court’s personal 26 jurisdiction with respect to such action.” 28 U.S.C. § 1391(b). 27 In this case, plaintiff is challenging an immigration proceeding that took place in San 28 Francisco, California. ECF No. 1 at 1. The complaint itself indicates that it “may be referred to 1 || the Northern District of California, San Francisco Division within the venue of the Executive 2 || Office for Immigration Review.” Id. at 2. All the relevant activity in this case occurred in the 3 || Northern District of California, and it appears plaintiff intended this case to be filed in 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: May 26, 2023 ~ 10 Chthwen— Clare ALLISON CLAIRE 11 UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28