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UNITED STATES DISTRICT COURT

8 9 EASTERN DISTRICT OF CALIFORNIA 10 TONNE L. MIESSEK, Case No. 1:25-cv-01424-SAB 11 Plaintiff, ORDER TRANSFERRING CASE TO THE 12 NORTHERN DISTRICT OF CALIFORNIA v. 13 MARINE KINGDOM, et al., 14 Defendants. 15 16 Plaintiff, who is proceeding pro se, has filed a civil right complaint, invoking federal 17 question jurisdiction. (ECF No. 1.)1 The federal venue statute requires that a civil action, other 18 than one based on diversity jurisdiction, be brought only in “(1) a judicial district where any 19 defendant resides, if all defendants are residents of the State in which the district is located, (2) a 20 judicial district in which a substantial part of the events or omissions giving rise to the claim 21 occurred, or a substantial part of the property that is the subject of the action is situated, or (3) if 22 there is no district in which an action may otherwise be brought as provided in this section, any 23 judicial district in which any defendant is subject to the court’s personal jurisdiction with respect 24 to such action.” 28 U.S.C. § 1391(b). 25 In this case, the only Defendant discussed in the complaint resides in Marin County 26 California. (ECF No. 1, p. 5.) Moreover, the seemingly central factual allegation is that 27 “[Plaintiff] was wrongfully bartered, traded or sold in 1996 at Marin County.” (Id.) Marin 1 | County is within the Northern District of California. Therefore, Plaintiff's claim should have 2 | been filed in United States District Court for the Northern District of California. In the interest of 3 | justice, a federal court may transfer a complaint filed in the wrong district to the correct district. 4 | See 28 U.S.C. § 1406(a); Starnes v. McGuire, 512 F.2d 918, 932 (D.C. Cir. 1974). 5 Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the United 6 | States District Court for the Northern District of California. 7 8 IT IS SO ORDERED. FA. Be 9 | Dated: _ October 28, 2025 :

STANLEY A. BOONE

10 United States Magistrate Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28