Bledsoe v. Granberry

Background

Donnell Bledsoe, who was proceeding without a lawyer, alleged copyright infringement against Shawn Granberry and other defendants. Before the court were Bledsoe’s second amended complaint and his request to proceed without paying the filing fee under 28 U.S.C. § 1915.

In an earlier order, the court dismissed the original complaint while allowing Bledsoe to file an amended complaint. That order questioned whether the Eastern District of California was the proper venue. Bledsoe then filed a second amended complaint stating that the defendants resided in Oakland, California, and that the alleged infringement took place in Oakland and Emeryville, California.

Venue analysis

The court explained that a federal civil action generally may be filed where a defendant resides, where a substantial part of the events occurred, or, in limited circumstances, where a defendant is subject to personal jurisdiction. The court also stated that it could raise improper venue on its own.

Based on the second amended complaint, the court concluded that the defendants’ residences and the events giving rise to the claim were in the Northern District of California. Under 28 U.S.C. § 1406, a court may dismiss an action filed in the wrong district or transfer it to a district where it could have been brought.

Disposition

Magistrate Judge Orah Barnes ordered that the action be transferred to the United States District Court for the Northern District of California. The order addressed venue and did not decide the merits of Bledsoe’s copyright-infringement allegations.