Van Winkle v. Seventh Jud. Dist. Ct. Court of St. of or

Full title: RICHARD L. VAN WINKLE, Plaintiff v. SEVENTH JUDICIAL DISTRICT CIRCUIT…

Court: United States District Court, W.D. Washington, at Seattle

Date published: Jan 31, 2003

CASE NO. C02-2444L (W.D. Wash. Jan. 31, 2003)

Opinion

CASE NO. C02-2444L

January 31, 2003

ORDER OF TRANSFER

ROBERT S. LASNIK, United States District Judge

Plaintiffs complaint alleges violations of federal constitutional law by defendant arising out of a divorce proceeding in the State of Oregon. It appears from the record that plaintiff intended to file this action in the United States District Court However, the complaint was mailed to this Court and was subsequently assigned a case number.

Because jurisdiction in this civil action is not founded solely on diversity of citizenship, it must be brought in the district in which the defendant resides, or in the district m which the events giving rise to the claim occurred 28 U S.C § 1391(b). It is clear from the face of the complaint that the named defendant is located in the State of Oregon It is also clear from the face of the complaint that the events giving rise to this action occurred in Oregon Venue is therefore proper in the District of Oregon

Because plaintiff intended to file this action in the District of Oregon, it is in the interests of justice to transfer this case to the District of Oregon rater than to dismiss the action. Accordingly, this action is ORDERED transferred to the District of Oregon.

The Clerk is directed to send copies of this Order to plaintiff and to send the complaint and all documents in support thereof, along with a copy of this Order, to the District Court Clerk for the District of Oregon.