Calderon v. Bank of America

Background

Jason Calderon brought this action without a lawyer, alleging that Bank of America interfered with his banking and loan accounts. The court previously ordered Calderon to show why the case should not be transferred to the United States District Court for the Western District of North Carolina. Calderon filed no response.

Venue analysis

The court applied 28 U.S.C. § 1391, the federal venue statute. It explained that a civil case may generally be filed where a defendant resides, where a substantial part of the events or property involved in the case is located, or, if neither applies, where a defendant is subject to the court’s personal jurisdiction.

The opinion states that Bank of America maintains its principal place of business in Charlotte, North Carolina, in Mecklenburg County. The court therefore concluded that Bank of America resides in the Western District of North Carolina and that venue was proper there under Section 1391(b)(1).

Ruling

Under 28 U.S.C. § 1406, when a case is filed in the wrong venue, a court may dismiss it or, when justice favors that result, transfer it to a district where it could have been brought. The court transferred this action to the United States District Court for the Western District of North Carolina in the interest of justice.

The Clerk was directed to transfer the action, and the order states that the New York case is closed. The court also directed that a summons not issue from the New York court. Finally, under 28 U.S.C. § 1915(a)(3), the court certified that any appeal would not be taken in good faith and denied permission to appeal without paying filing fees.