Basey

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 KALEB LEE BASEY, Case No. 21-cv-08688-JCS

Plaintiff,

ORDER OF DISMISSAL FOR

v. IMPROPER VENUE

UNITED STATES OF AMERICA, Re: Dkt. Nos. 10, 16, 17 Defendant.

12 INTRODUCTION Plaintiff filed this complaint pursuant to Federal Rule of Criminal Procedure 41(g), seeking the return and/or destruction of Yahoo! emails that were seized via warrant by the United States Attorney for the District of Alaska, and subsequently used to convict Plaintiff at jury trial in that district. The United States of America moved to dismiss the action pursuant to Federal Rule of Civil Procedure 12(b)(3) for improper venue, and in the alternative, pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim upon which relief can be granted. The parties have consented to magistrate judge jurisdiction for all purposes under 28 U.S.C. § 636(c). (Dkt. Nos. 6 and 11.) DISCUSSION…