Asifuah v. Cohen

District Court, D. Nevada

Asifuah v. Cohen

Trial Court Opinion

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8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10

11 FRANCIS ASSIFUAH, Case No.: 2:20-cv-00775-GMN-NJK 12 Plaintiff(s), TRANSFER ORDER 13 v.

14 REUVEN L. COHEN, et al., 15 Defendant(s). 16 Pending before the Court is Plaintiff’s application to proceed in forma pauperis and 17 proposed complaint.1 Docket Nos. 1-1, 6. The federal venue statute requires that a civil action be 18 brought in (1) a judicial district in which any defendant resides, if all defendants reside in the same 19 state where the district is located; (2) a judicial district in which a substantial part of the events or 20 omissions giving rise to the claim occurred, or a substantial part of property that is the subject of 21 the action is situated; or (3) a judicial district in which any defendant is subject to personal 22 jurisdiction at the time the action is commenced, if there is no district in which the action may 23 otherwise be brought.

28 U.S.C. § 1391

(b). If a case has been filed in the wrong district, the 24 district court in which the case has been incorrectly filed has the discretion to transfer such case to 25 any district in which it could have been brought.

28 U.S.C. § 1406

(a); see also Parks v. Johnson, 26 2016 U.S. Dist. Lexis. 16284, *1 (D. Nev. Feb. 9, 2016). 27 1 Plaintiff cites to an “Exhibit 1” throughout his proposed complaint; however, no exhibit 28 is attached. See Docket No. 1-1 at 2–6. 1 Here, Plaintiff's claims arise out of alleged events taking place in New York state. See 2 Docket No. 1-1 at 2-6. Plaintiff alleges that Reuven L. Cohen, his attorney during his criminal proceedings in the U.S. District Court for the Southern District of New York, committed fraud and 4 malpractice. See

id.

Other than Plaintiff’s initial appearance and a detention hearing before the Court—before his criminal case was transferred to the U.S. District Court for the Southern District 6|| of New York, the charging district—Plaintiff has alleged no connection of any kind between his 7|| claims and this District. None of the above venue provisions renders this District a proper venue 8|| for this case. 9 Accordingly, it is hereby ORDERED that the Clerk of Court transfer this matter to the 10] Southern District of New York and that this case be closed.” 11 IT IS SO ORDERED. 12 Dated: June 30, 2020 ys 13 Z a Nancy J. Koppe * 14 United StatesMagistrate Judge 15 16 17 18 19 20 21 22 23 24 25 26 1 An order transferring venue does not address the merits of the case and, therefore, is a non-dispositive matter that is within the province of a magistrate judge’s authority under

28 U.S.C. § 636

(b)(1)(A). See Pavao v. Unifund CCR Partners,

934 F. Supp. 2d 1238, 1241

(S.D. Cal. 2013) (collecting cases); see also Ross v. Lane Community College,

2014 WL 3783942

, *4 (D. Nev. July 31, 2014) (holding that a transfer under

28 U.S.C. § 1406

(a) is a non-dispositive matter).

Reference

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