1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 SHANNON O. MURPHY ESQ. SR., dba No. 2:20-cv-01550-KJM-AC

SHEETMETAL & ASSOCIATES,

12 Plaintiff, 13 ORDER TO SHOW CAUSE v. 14

HERSHEY CHOCOLATE

15 CORPORATION, 16 Defendant. 17 18 Plaintiff, who is proceeding in pro se, has filed an application to proceed in forma 19 pauperis pursuant to 28 U.S.C. § 1915. ECF No. 2. 20 The federal venue statute provides that a civil action “may be brought in (1) a judicial 21 district in which any defendant resides, if all defendants are residents of the State in which the 22 district is located, (2) a judicial district in which a substantial part of the events or omissions 23 giving rise to the claim occurred, or a substantial part of property that is the subject of the action 24 is situated, or (3) if there is no district in which an action may otherwise be brought as provided in 25 this action, any judicial district in which any defendant is subject to the court’s personal 26 jurisdiction with respect to such action.” 28 U.S.C. § 1391(b). 27 In this case, plaintiff resides in Pittsburgh, CA (Contra Costa County), and the substance 28 of his claim appears to be injury by the ingestion of Hershey’s chocolate. ECF No. 1 at 3. The MAS 2 EVM EMU ING INI ENN UIC OPO OIA ee

1 || residency of the defendant is not alleged. The undersigned believes this case should have been 2 | filed in the Northern District of California. In the interest of justice, a federal court may transfer a 3 || complaint filed in the wrong district to the correct district. See 28 U.S.C. § 1406(a); Starnes v. 4 | McGuire, 512 F.2d 918, 932 (D.C. Cir. 1974). 5 Accordingly, Plaintiff is ORDERED TO SHOW CAUSE within 14 days why this case 6 || should not be transferred to the Northern District of California. 7 | DATED: August 4, 2020 ~ 8 Hthren— Llane

ALLISON CLAIRE

9 UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28