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Case3:13-cv-03212-SI Document14 Filed07/30/13 Page1 of 2

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UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

MAGDALINA KALINCHEVA, M.D.,

Plaintiff,

v.

JESSE NEUBARTH,

/

Defendant.

No. C 13-03212-SI
ORDER OF TRANSFER

Pro se plaintiff filed this action to enforce the contract created by the “Form I-864,” the affidavit
of support signed by her immigration sponsor. See 8 U.S.C. § 1182(a). Section 213a.2(d), Title 8 of
the Code of Federal Regulations states in relevant part that a sponsored immigrant “may seek
enforcement of the sponsor’s obligations [under the affidavit or support] through an appropriate civil
action.” This regulation is promulgated under 8 U.S.C. § 1183a, which also expressly creates a private
right of action allowing a sponsored immigrant to enforce an affidavit of support. See 8 U.S.C.
§ 1183a(e); Cobb v. Cobb, 1:12-CV-00875-LJO, 2012 WL 2620524, at *3 (E.D. Cal. July 5, 2012).
Upon reviewing the materials filed by plaintiff, the Court concludes that this district is not the
proper venue. According to the civil cover sheet, plaintiff resides in Stockton, California, and defendant
resides in Bakersfield, California. Thus, both parties reside within the venue of the United States
District Court for the Eastern District of California. No defendant is alleged to reside in, and none of
the events or omissions giving rise to the complaint occurred in, the Northern District of California.

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Case3:13-cv-03212-SI Document14 Filed07/30/13 Page2 of 2

Venue therefore would be proper in the Eastern District and not in this one. See 28 U.S.C. § 1391(b).
Accordingly, in the interest of justice and pursuant to 28 U.S.C. § 1406(a), this action is
TRANSFERRED to the United States District Court for the Eastern District of California. The clerk
shall transfer this matter.1

IT IS SO ORDERED.

Dated: July30, 2013


SUSAN ILLSTON
United States District Judge

1 The Court also defers to the Eastern District to rule on plaintiff’s pending application to

proceed in forma pauperis.

2

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