(PS) Humphrey v. Modesto Police Department
Opinion
trial_court Opinion
UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
THOMAS EDWARD HUMPHREY,
Plaintiff,
v. CIVIL ACTION NO. 24-10093-IT
MODESTO POLICE DEPARTMENT,
Defendant.
ORDER
April 16, 2024
TALWANI, D.J.
This action is hereby TRANSFERRED to the United States District Court for the Eastern District of California pursuant to the 28 U.S.C. §1406(a) (requiring dismissal or, if in the interest of justice, transfer of an action where venue is improper). On April 10, 2024, this court ordered Thomas Edward Humphrey to show cause why this action should not be transferred due to improper venue. Order [Doc. No. 4]; 28 U.S.C. § 1390(a) (“venue” refers to “the geographic specification of the proper court or courts for the litigation of a civil action that is within the subject-matter jurisdiction of the district courts.”). As the court previously explained, venue is improper in the District of Massachusetts because the Defendant does not reside in Massachusetts, and none of the alleged actions or omissions – an arrest in California – occurred in the District of Massachusetts. See 28 U.S.C. § 1391(b) (venue is typically premised on, among other things, the…