Lamon v. Foss
- Beth Freeman
- 5:20-cv-05450
- U.S. District Court · Northern District of California
- 2
In Lamon v. Foss, Judge Newman transferred Barry Louis Lamon’s civil-rights case to the Northern District of California because venue was improper.
Barry Louis Lamon and the defendants named in the action; the case was transferred from the Eastern District of California to the Northern District of California.
What happened
Barry Louis Lamon v. T. Foss, et al. is a civil-rights case filed by Lamon, who is representing himself and is incarcerated. He also asked to proceed without paying the filing fee.
The court said Lamon’s claim arose in Monterey County, which is in the Northern District of California. Because the case was filed in the wrong federal district, the court transferred it there rather than deciding the claim.
Judge Kendall J. Newman ordered the transfer on August 2, 2020. The order did not decide the underlying civil-rights issues or rule on Lamon’s request to proceed without paying the filing fee.
The detailed version
- Lamon v. Foss · No. 5:20-cv-05450
- Beth Freeman
- Aug. 3, 2020
Background
Barry Louis Lamon, identified as a state prisoner proceeding without a lawyer, filed a civil-rights action under 42 U.S.C. § 1983. He also filed an application to proceed without paying the filing fee under 28 U.S.C. § 1915.
Venue
The court applied the federal venue statute, 28 U.S.C. § 1391(b). It found that Lamon’s claim arose in Monterey County, which is in the Northern District of California. The court therefore concluded that the action should have been filed in that district.
Ruling
The court transferred the matter to the United States District Court for the Northern District of California under 28 U.S.C. § 1406(a). It did not decide the merits of Lamon’s civil-rights claim. The order also did not state a ruling on his application to proceed without paying the filing fee.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.