1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 VICTOR L. WEAVER, Case No. 22-cv-06824-KAW

8 Plaintiff, ORDER TRANSFERRING CASE TO 9 v. DISTRICT OF ARIZONA

10 MARK BRNOVICH, et al., Re: Dkt. No. 1 11 Defendants.

12 13 Plaintiff Victor L. Weaver is a resident of Maricopa, Arizona, who is suing the State of 14 Arizona, Phoenix Police Department and Detective Eduardo Castillo, Maricopa County 15 Prosecutors Office and Adam Rowley, and Superior Court Judge Timothy J. Ryan for various 16 constitutional violations related to the apparent execution of a search warrant related to violations 17 of Arizona state statutes. (See Compl. at 2-3, 7-8.) 18 Venue generally is proper in a judicial district in which: (1) any defendant resides, if all 19 defendants are residents of the state in which the district is located; (2) a substantial part of the 20 events or omissions giving rise to the claim occurred, or a substantial part of property that is the 21 subject of the action is situated; or (3) any defendant is subject to the court’s personal jurisdiction, 22 if there is no district in which the action may otherwise be brought.

(b). Venue 23 may be raised by the court sua sponte where the defendant has not yet filed a responsive pleading 24 and the time for doing so has not run. Costlow v. Weeks,

(9th Cir. 1986). 25 Orders respecting venue are interlocutory in nature and are not appealable prior to final judgment. 26 Pacific Car & Foundry Co. v. Pence,

(9th Cir. 1968). 27 Here, there is no information connecting the complaint to California. All Defendants 1 There are no facts that would suggest that any Defendant is subject to this Court’s personal 2 || jurisdiction, or that the case could not have been filed in the District of Arizona. Where a case is 3 filed in the wrong venue, the district court has the discretion either to dismiss the case or transfer it 4 || to the proper federal court “in the interest of justice.” See

(a). Accordingly, the 5 Court TRANSFERS the case to the United States District Court for the District of Arizona. 6 IT IS SO ORDERED. 7 Dated: November 3, 2022 . 8 Kena A. WESTMORE 9 United States Magistrate Judge 10 11 12

13

15 16

= 17

Z 18 19 20 21 22 23 24 25 26 27 28