Holmes v. Chen ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KIARA HOLMES, No. 2:24-cv-00013 DJC AC 12 Plaintiff, 13 v. ORDER 14 YouTube, et al., 15 Defendants. 16 17 Plaintiff, a citizen of Louisiana who is proceeding in pro se, has paid the filing fee and 18 filed a complaint naming multiple defendants. ECF No. 2. Plaintiff does not know the address of 19 several defendants, but names at least two defendants, YouTube and Alphabet Inc., which are 20 located in San Mateo County and Santa Clara County, respectively. Plaintiff also names Google 21 LLC, but identifies its location as that of a separate entity which she identifies as its registered 22 agent, Corporation Service Company, located Sacramento County. ECF No. 1 at 7. Plaintiff’s 23 complaint concerns a video uploaded to YouTube and plaintiff’s interactions with the companies. 24 The federal venue statute provides that a civil action “may be brought in (1) a judicial 25 district in which any defendant resides, if all defendants are residents of the State in which the 26 district is located, (2) a judicial district in which a substantial part of the events or omissions 27 giving rise to the claim occurred, or a substantial part of property that is the subject of the action 28 is situated, or (3) if there is no district in which an action may otherwise be brought as provided in 1 | this action, any judicial district in which any defendant is subject to the court’s personal 2 || jurisdiction with respect to such action.” 28 U.S.C. § 1391(b). 3 In this case, plaintiff is a citizen of Louisiana and the named defendants are located in 4 || counties that fall under the jurisdiction of the United States Court for the Northern District of 5 || California. None of the events in this case relate to the Eastern District of California. In the 6 || interest of justice, a federal court may transfer a complaint filed in the wrong district to the 7 || correct district. See 28 U.S.C. § 1406(a); Starnes v. McGuire, 512 F.2d 918, 932 (D.C. Cir. 8 || 1974). 9 Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the United 10 || States District Court for the Northern District of California. 11 | DATED: January 4, 2024 ~ 12 Chthwen— Clare ALLISON CLAIRE 13 UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28