Hodges

Background

James Albert Hodges filed a handwritten letter on August 10, 2023, that was difficult to read but appeared to seek a civil action. The Clerk notified him that the action could not proceed because he had not filed a complaint and a completed application to proceed without paying the filing fee. The Clerk supplied forms and instructed him to submit a completed complaint and either pay the fee or return the application within 28 days.

Hodges later submitted an application, but it was incomplete because it did not include his six-month prisoner trust-account statement. He then filed a document titled “Claim” against the Kern County Superior Court using a California government claim form. The court found the document difficult to decipher but construed it as a complaint against Kern County officials.

Venue ruling

The court concluded that the complained-of acts appeared to have occurred in Kern County, which is in the Eastern District of California, and that the defendants appeared to reside there. Citing the federal venue statute, the court determined that venue properly lay in that district.

Disposition

Under 28 U.S.C. § 1406(a), the court TRANSFERRED the action to the United States District Court for the Eastern District of California and directed the Clerk to transfer the case immediately. It TERMINATED all pending motions on its docket because they were no longer pending in the Northern District. The court stated that, if Hodges wished to pursue the action, he had to complete the application required by the Eastern District and mail it to that court. The order transferred the case without deciding the underlying claims.