SHARP v. HORNADAY

No. 2:17-cv-0256 TLN CKD PS.

CALYSTA SHARP, Plaintiff, v. ERIC HORNADAY, Defendant.

United States District Court, E.D. California.

Editors Note
Applicable Law: 28 U.S.C. § 1331
Cause: 28 U.S.C. § 1331 Fed. Question: Personal Injury
Nature of Suit: 360 P.I.: Other
Source: PACER


Attorney(s) appearing for the Case

Calysta Sharp, Plaintiff, Pro Se.


ORDER

CAROLYN K. DELANEY, Magistrate Judge.

The federal venue statute provides that a civil action may be brought only in "(1) a judicial district where any defendant resides, if all defendants are residents of the State in which the district is located; (2) a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of 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 as provided in this section, any judicial district in which any defendant is subject to the court's personal jurisdiction with respect to such action." 28 U.S.C. § 1391(b).

In this action, plaintiffs allege that defendant, who resides in Boise, Idaho, has triggered memories of sexual abuse plaintiff allegedly suffered as a young child. Although it is not clear from plaintiff's pleadings the basis of subject matter jurisdiction, it is apparent that venue is not proper in the Eastern District of California. To the extent plaintiff's claims can be discerned, it appears that the instant action should have been filed in the United States District Court, District of Idaho. In the interest of justice, a federal court may transfer a complaint filed in the wrong district to the correct district. See 28 U.S.C. § 1406(a); Starnes v. McGuire, 512 F.2d 918, 932 (D.C. Cir. 1974).

Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the United States District Court, District of Idaho, Boise Division.


Comment

1000 Characters Remaining

Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions.

User Comments

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases