Spearman v. TSA, Kahului International Airport

United States District Court for the District of Hawaii

Spearman v. TSA, Kahului International Airport

Trial Court Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 REGINALD EDWARD SPEARMAN, No. 2:24-cv-3659 CSK P 12 Plaintiff, 13 v. ORDER 14 TSA, et al., 15 Defendants. 16 17 Plaintiff, a county prisoner proceeding pro se, has filed a civil action. Plaintiff has filed an 18 application to proceed in forma pauperis pursuant to

28 U.S.C. § 1915

. 19 The federal venue statute provides that a civil action “may be brought in (1) a judicial 20 district in which any defendant resides, if all defendants are residents of the State in which the 21 district is located, (2) a judicial district in which a substantial part of the events or omissions 22 giving rise to the claim occurred, or a substantial part of property that is the subject of the action 23 is situated, or (3) if there is no district in which an action may otherwise be brought as provided in 24 this action, any judicial district in which any defendant is subject to the court’s personal 25 jurisdiction with respect to such action.”

28 U.S.C. § 1391

(b). 26 In this case, the claims arose in Kahului, Hawaii, which is in the District of Hawaii. 27 Therefore, plaintiff’s claim should have been filed in the United States District Court for the 28 District of Hawaii. In the interest of justice, a federal court may transfer a complaint filed in the 1 | wrong district to the correct district. See

28 U.S.C. § 1406

(a); Starnes v. McGuire,

512 F.2d 918

, 2 | 932 (D.C. Cir. 1974). 3 Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the United 4 || States District Court for the District of Hawaii. 5 6 || Dated: January 13, 2025 Ane Spo CHI S00 KIM 8 UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 || Spear3659.21/2 16 17 18 19 20 21 22 23 24 25 26 27 28

Reference

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