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N.D. Cal.Procedural orderFiled Oct. 14, 2020

Harris v. Mayeri

Judge
Susan Illston
Docket
3:20-cv-07233
Court
U.S. District Court · Northern District of California
Pages
2
Civil ProcedurePro Se
In one sentence

In Harris v. Maveri, Judge Delaney transferred Harris’s civil-rights case to the Northern District of California because venue was improper.

Who this affects

David D. Harris and Stephen Maveri; the case was transferred from the Eastern District of California to the Northern District of California.

What happened

Harris v. Maveri involved David D. Harris, a state prisoner representing himself in a civil-rights lawsuit against Stephen Maveri under a federal civil-rights law.

The court found that the defendant was located in Monterey County and that the claim arose there. Because Monterey County is in the Northern District of California, the case was filed in the wrong federal district.

The court transferred the case to the Northern District of California in the interest of justice. Judge Carolyn K. Delaney signed the order.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Harris v. Mayeri · No. 3:20-cv-07233
Judge
Susan Illston
Date
Oct. 14, 2020

Background

David D. Harris, a state prisoner proceeding without a lawyer, filed a civil-rights action under 42 U.S.C. § 1983 against Stephen Maveri. The opinion states that the defendant was located in Monterey County and that the claim arose there.

Venue

Federal venue rules generally allow a civil action to be filed where a defendant resides, where a substantial part of the events occurred, or, in limited circumstances, where the defendant is subject to the court’s personal jurisdiction. Monterey County is in the Northern District of California. The court therefore concluded that the case should have been filed in that district rather than the Eastern District of California.

Disposition

The court transferred the matter to the United States District Court for the Northern District of California under 28 U.S.C. § 1406(a). The order transferred the case; it did not dismiss the action. Judge Carolyn K. Delaney signed the order.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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