Murphy, Esq. v. Hershey Chocolate Corporation

Background

Shannon O. Murphy, Esq. Sr. filed a civil action against Hershey Chocolate Corporation and applied to proceed without paying the filing fee under 28 U.S.C. § 1915. The opinion states that Murphy was proceeding without a lawyer. The complaint appeared to allege that he was injured by ingesting Hershey’s chocolate. It stated that Murphy resided in Pittsburgh, California, but did not allege where Hershey resided.

Venue issue

Federal venue rules generally allow a civil action to proceed in a district where a defendant resides, where a substantial part of the events occurred, or, if no other district is available, where a defendant is subject to the court’s personal jurisdiction. The Eastern District of California issued an order directing Murphy to explain why the case should not be transferred to the Northern District of California. Murphy did not respond.

Ruling

The court determined from the complaint’s allegations that the case should have been filed in the Northern District of California. Citing the federal transfer statute, 28 U.S.C. § 1406(a), the court ordered that the matter be transferred there in the interest of justice. Magistrate Judge Allison Claire did not decide the merits of Murphy’s underlying injury claim.

Disposition

The matter was transferred to the Northern District of California.