Miessek v. Kingdom
- Kandis Westmore
- 4:25-cv-09332
- U.S. District Court · Northern District of California
- 2
In Tonne L. Miessek v. Marine Kingdom, Judge Boone transferred the case to the Northern District of California because venue appeared proper there.
Tonne L. Miessek and the defendants in the case are affected by the transfer from the Eastern District of California to the Northern District of California; the order does not resolve the underlying claims.
What happened
Tonne L. Miessek v. Marine Kingdom, et al. is a civil-rights case filed by Miessek without a lawyer. The complaint invoked federal-question jurisdiction.
The court said the only defendant discussed in the complaint resides in Marin County, California, and that the central alleged events occurred there. Marin County is within the Northern District of California.
Judge Stanley A. Boone ordered the case transferred to the United States District Court for the Northern District of California under the federal venue statute. The order did not decide the underlying claims.
The detailed version
- Miessek v. Kingdom · No. 4:25-cv-09332
- Kandis Westmore
- Oct. 28, 2025
Background
Tonne L. Miessek filed a civil-rights complaint without a lawyer and invoked federal-question jurisdiction. The complaint alleged that Miessek “was wrongfully bartered, traded or sold in 1996 at Marin County.”
Venue Analysis
The court applied 28 U.S.C. § 1391(b), the federal venue statute. It stated that the only defendant discussed in the complaint resides in Marin County, California, and that the complaint’s seemingly central factual allegation concerned events in Marin County. Because Marin County is within the Northern District of California, the court concluded that the case should have been filed there.
Disposition
Under 28 U.S.C. § 1406(a), a federal court may transfer a case filed in the wrong district when doing so serves the interests of justice. Judge Stanley A. Boone ordered that the matter be transferred to the United States District Court for the Northern District of California. The order transferred the case and did not decide the merits of Miessek’s claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.