Opinion

(PS) Memmott v. Manning

Court
District Court, E.D. California
Filed
Sep 24, 2024
Cited by
0 cases
Authority
More cited than 31.2%

The opinion

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8 UNITED STATES DISTRICT COURT

9 FOR THE EASTERN DISTRICT OF CALIFORNIA

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11 ORION DOUGLAS MEMMOTT, No. 2:24-cv-01395-TLN-CKD (PS)

12 Plaintiff,

13 v. ORDER TO SHOW CAUSE

14 BONNIE MANNING, et al.,

15 Defendants.

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18 This case comes before the Court on Plaintiff Orion Douglas Memmott’s motion to

19 proceed in forma pauperis (“IFP”) filed May 15, 2024, and Plaintiff’s First Amended Complaint

20 (“FAC”) filed on August 23, 2024.1 (ECF Nos. 2-3.) See 28 U.S.C. § 1915 (authorizing the

21 commencement of an action “without prepayment of fees or security” by a person that is unable

22 to pay such fees). The undersigned declines to rule at this time on the IFP motion, however,

23 because an initial review of this action indicates that Plaintiff filed this case in the wrong district

24 court. Instead, the court orders Plaintiff to show cause why this action should not be dismissed

25 without prejudice or transferred to the U.S. District Court for the Western District of North

26 Carolina, under 28 U.S.C. § 1406(a).

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1 Because Plaintiff is representing himself, this action proceeds before the undersigned pursuant

28 to Local Rule 302(c)(21) and 28 U.S.C. § 636(b)(1).

1 Plaintiff brings this action pursuant to diversity jurisdiction against Defendants Bonnie

2 Manning, Daniel Koehler and C. Jason Ralston (“Defendants”), who all reside in North Carolina.

3 (ECF No. 3 at ¶¶ 3, 8-10.) Plaintiff alleges Defendants conspired to steal Plaintiff’s interest in the

4 real property located at 2829 Long Circle, Iron Station, North Carolina 28080. (See generally

5 ECF No. 3; see also Id. at ¶ 9 (“The real property which is the subject of this action is located at

6 2829 Long Circle, Iron Station, North Carolina 28080”.).)

7 Plaintiff states venue is appropriate in the Eastern District of California because “[a]

8 substantial part of the events or omissions and the primary elements of the events giving rise to

9 the claims sued hereon, and where Plaintiff suffered violations of his rights, occurred in the

10 Eastern District of California.” (Id. at ¶ 4.) Plaintiff also states venue is appropriate here because

11 “Plaintiff resides in the Eastern District of California.” (Id.) In his First Amended Complaint,

12 Plaintiff also states that he “relied upon the oral and written assurances and agreements Plaintiff

13 received from [Defendant] Manning at his home in Chico, California”. (Id. at ¶ 24.)

14 Defects in venue may be raised by the court on its own where the defendant has not yet

15 responded to the complaint and the time for doing so has not run. See Costlow v. Weeks, 790

16 F.2d 1486, 1488 (9th Cir. 1986) (permitting courts to transfer case on its own initiative, “so long

17 as the parties are first given the opportunity to present their views on the issue”). Venue in a civil

18 action is generally proper in (1) a judicial district where any defendant resides, if all defendants

19 reside in the same State in which the district is located, (2) a judicial district in which a substantial

20 part of the events or omissions giving rise to the claim occurred, or (3) a judicial district in which

21 any defendant is subject to personal jurisdiction at the time the action is commenced, if there is no

22 district in which the action may otherwise be brought. 28 U.S.C. § 1391(b).

23 Here, no Defendant is alleged to reside in the Eastern District of California pursuant to 28

24 U.S.C. § 1391(b). (See also ECF No. 3 at ¶¶ 3, 8-10.) Plaintiff concedes all the Defendants are

25 located in North Carolina. As for § 1391(b)(2), it appears to the undersigned highly unlikely that

26 any of the events or omissions giving rise to Plaintiff’s claims occurred in this district. Review of

27 the First Amended Complaint, the events or omissions at issue appear to have occurred “mainly”

28 in North Carolina. (See ECF No. 3 at 11-23.) Additionally, the subject real property in dispute is

1 || located in Lincoln County, North Carolina. Finally, even if § 1391(b)(3) applied here, assuming

2 || no district could provide a proper venue under §§ 1391 (b)(1) and (b)(2), Plaintiffs First

3 || Amended Complaint does not show that any Defendant is subject to personal jurisdiction in this

4 || judicial district. There is no indication that any individual Defendant is domiciled in California

5 || giving rise to general personal jurisdiction over them. See Goodyear Dunlop Tires Operations,

6 || S.A. v. Brown, 564 U.S. 915, 919 (2011).

7 When a case is filed in the wrong district, the district court “shall dismiss, or if it be in the

8 | interest of Justice, transfer such case to any district or division in which it could have been

9 | brought.” 28 U.S.C. 1406(a). Plaintiff therefore ORDERED TO SHOW CAUSE why this

10 || action should not be dismissed for improper venue or transferred to the Western District of North

11 | Carolina. Within fourteen (14) days of the date of entry of this order, Plaintiff shall file a

12 | response. In his response, Plaintiff must explain to the Court why the case should remain in the

13 || Eastern District of California.

14 | Dated: September 24, 2024 / ae / a Ly a

1s CAROLYN K DELANEY

16 UNITED STATES MAGISTRATE JUDGE

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19 || 4, memm1395.24

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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