(PS) Logan v. Food 4 Less
(PS) Logan v. Food 4 Less
Trial Court Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 EARNEST GODFREY LOGAN, JR., No. 2:24-cv-3345 DAD AC 12 Plaintiff, 13 v. ORDER 14 FOOD 4 LESS and Campbell Soup Company, 15 Defendants. 16 17 Plaintiff, who is proceeding in pro se, filed this case on December 2, 2024 and paid the 18 filing fee. The federal venue statute provides that a civil action “may be brought in (1) a judicial 19 district in which any defendant resides, if all defendants are residents of the State in which the 20 district is located, (2) a judicial district in which a substantial part of the events or omissions 21 giving rise to the claim occurred, or a substantial part of property that is the subject of the action 22 is situated, or (3) if there is no district in which an action may otherwise be brought as provided in 23 this action, any judicial district in which any defendant is subject to the court’s personal 24 jurisdiction with respect to such action.”
28 U.S.C. § 1391(b). 25 In this case, the claims arose in Los Angeles, California, which is in the Central District of 26 California. ECF No. 1 at 2. The plaintiff listed an address for himself in Los Angeles, California, 27 and plaintiff listed an address for defendant Food 4 Less in Los Angeles, California. ECF No. 1-2 28 at 1. Plaintiff indicated Campbell Soup Company is located in the state of New Jersey.
Id.All of 1 | the events described in the complaint took place in Los Angeles. ECF No. 1 at 2. None of the 2 || parties, nor any of the facts alleged in the complaint, relate to the Eastern District of California. 3 || Therefore, plaintiffs case should have been filed in the United States District Court for the 4 || Central 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 Central District of California. 9 | DATED: January 2, 2025 ~ 10 AMhen—lChone ALLISON CLAIRE 11 UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Reference
- Status
- Unknown