Posnanski

Posnanski v. Gibney

Good Law
421 F.3d 977
United States Court of Appeals for the Ninth CircuitAugust 30, 200503-16418, 03-17235, 03-16477California1,805 words

Opinion

Opinion

Bybee, J.

In this case we consider an issue of first impression in our circuit: May we review the decision of a district court outside our circuit to transfer a case into our circuit? We hold that we may not.

This appeal comes to the court from the District of Arizona, by way of a transfer from the Western District of Wisconsin. Charles Posnanski filed suit in federal district court in Wisconsin against William Gibney, Gibney & Associates, and XL Insurance (“Defendants”), all of whom are residents of Arizona. When defendants sought summary judgment in the Wisconsin district court, the court sua sponte transferred the case to the District of Arizona under 28 U.S.C. § 1404 (a), citing the interests of justice and the convenience of the parties. The Arizona district court entered judgment against Posnanski, who appeals a number of issues. In this opinion, we address only our authority to review the transfer from Wisconsin to Arizona.

Posnanski argues that the Western District of Wisconsin erred when it transferred the case to the District of Arizona. At the outset, it is unclear that we can review the Wisconsin district court’s decision. In general, we review a district court’s decision to…

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