Cowen v. Garcia
- Charles Breyer
- 3:22-cv-00382
- U.S. District Court · Northern District of California
- 2
In Dejan Cowen v. United States District Court, Judge Delaney transferred the case to the Northern District of California because venue was improper.
Dejan Cowen’s civil-rights action was transferred from the Eastern District of California to the Northern District of California; the order did not resolve the underlying claims.
What happened
Dejan Cowen, a state prisoner representing himself, filed a civil-rights lawsuit under 42 U.S.C. § 1983 and asked to proceed without paying the filing fee.
The court said the defendants did not reside in the Eastern District of California and that the claim arose at Salinas Valley State Prison, in the Northern District of California. It therefore concluded that the case was filed in the wrong district.
Judge Carolyn K. Delaney ordered the case transferred to the United States District Court for the Northern District of California. The order did not decide the underlying civil-rights claims.
The detailed version
- Cowen v. Garcia · No. 3:22-cv-00382
- Charles Breyer
- Jan. 18, 2022
Background
Dejan Cowen, identified as a state prisoner proceeding without a lawyer, filed a civil-rights action under 42 U.S.C. § 1983. He also requested permission to proceed without paying the filing fee. The caption identifies the defendant as the United States District Court.
Venue analysis
The court applied the federal venue statute, 28 U.S.C. § 1391(b). It stated that none of the defendants resided in the Eastern District of California and that Cowen’s claim arose at Salinas Valley State Prison, which is in the Northern District of California. The court therefore concluded that the action should have been filed in the Northern District of California.
Disposition
The court explained that, in the interest of justice, a federal court may transfer a complaint filed in the wrong district under 28 U.S.C. § 1406(a). Judge Carolyn K. Delaney ordered that the matter 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 Cowen’s civil-rights claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.