Fredrickson v. USA et al Doc.

Case 1:05-cv-00732-REC-LJO Document 3 Filed 06/07/2005 Page 1 of 2

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8 IN THE UNITED STATES DISTRICT COURT
9 FOR THE EASTERN DISTRICT OF CALIFORNIA
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11 REV. GARY FREDRICKSON, ORDER TO TRANSFER ACTION
12 Plaintiff, CASE NO. CV F 05-732 REC LJO
13 vs.
14 UNITED STATES FEDERAL
GOVERNMENT COMMISSIONER
15 SOCIAL SECURITY ADMININSTRATION,
16 Defendant.
/
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18 Pursuant to 28 U.S.C. § 1391(b), a civil action, not based on diversity jurisdiction, may be
19 brought only in the following venues: (1) a judicial district where any defendant resides, if all
20 defendants reside in the same state; (2) a judicial district in which a substantial part of the events or
21 omissions giving rise to the claim occurred, or a substantial part of the property that is the subject of the
22 action is situated; or (3) a judicial district in which any defendant may be found, if there is no district
23 in which the action may otherwise be brought. In the interest of justice, a federal court may transfer a
24 complaint filed in the wrong district to the correct district. See 28 U.S.C. § 1406(a); Starnes v.
25 McGuire, 512 F.2d 918, 932 (D.C. Cir. 1974).
26 In this case, the claim(s) arose in Glendale, California, and in fact, plaintiff apparently intended
27 to file this action in the United States District Court for the Central District of California. Therefore,
28 this action should have been filed in the United States District Court for the Central District of California

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 Case 1:05-cv-00732-REC-LJO Document 3 Filed 06/07/2005 Page 2 of 2

1 and shall, by this order, be transferred to that district.

2 Accordingly, this Court ORDERS that this action be transferred to the United States District
3 Court for the Central District of California.
4 IT IS SO ORDERED.
5 Dated: June 7, 2005 /s/ Lawrence J. O'Neill
66h44d UNITED STATES MAGISTRATE JUDGE
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