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Richardson v. United States

United States District Court, Northern District of California
Dec 17, 2021
21-cv-09507-SVK (N.D. Cal. Dec. 17, 2021)

Opinion

21-cv-09507-SVK

12-17-2021

ISMAEL A. MURPHY-RICHARDSON, Plaintiff, v. UNITED STATES, et al., Defendants.


ORDER OF TRANSFER

SUSAN VAN KEULEN UNITED STATES MAGISTRATE JUDGE

Plaintiff is an Arizona state prisoner located in Phoenix, Arizona. The vast majority of Defendants are located in Arizona. Plaintiff's claims are based on events occurring during the course of his criminal prosecution in Arizona state court.

The Defendants not located in Arizona are two former Presidents of the United States, the United States Attorney General, the United States Supreme Court, and the United States.

Venue may be raised by a federal court sua sponte where a defendant has not yet filed a responsive pleading and the time for doing so has not run. Costlow v. Weeks, 790 F.2d 1486, 1488 (9th Cir. 1986). Venue generally is proper in a judicial district in which: (1) any defendant resides, if all defendants are residents of the state in which the district is located; (2) a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated; or (3) any defendant is subject to the court's personal jurisdiction, if there is no district in which the action may otherwise be brought. 28 U.S.C. § 1391(b). This Court is not the proper venue for this case because none of the Defendants are located in California, and the events giving rise to Plaintiff's claims did not occur in California.

Where a case is filed in the wrong venue, the district court has the discretion either to dismiss the case or transfer it to the proper federal court "in the interest of justice." 28 U.S.C. § 1406(a). The proper venue for this case is the United States Court for the District of Arizona 1 because that is where the events giving rise to Plaintiffs claims took place. See 28 U.S.C. § 1391(b)(2). In the interests of justice, this case is TRANSFERRED this case to the United States District Court for the District of Arizona pursuant to 28 U.S.C. § 1406(a). The Clerk shall transfer this matter forthwith.

IT IS SO ORDERED. 2


Summaries of

Richardson v. United States

United States District Court, Northern District of California
Dec 17, 2021
21-cv-09507-SVK (N.D. Cal. Dec. 17, 2021)
Case details for

Richardson v. United States

Case Details

Full title:ISMAEL A. MURPHY-RICHARDSON, Plaintiff, v. UNITED STATES, et al.…

Court:United States District Court, Northern District of California

Date published: Dec 17, 2021

Citations

21-cv-09507-SVK (N.D. Cal. Dec. 17, 2021)