Jens Majano v. Tim Virga

Filing 3

ORDER TRANSFERRING Case to the United States District Court for the Central District of California, signed by Magistrate Judge Jennifer L. Thurston on 2/28/12. (Hellings, J) [Transferred from California Eastern on 3/1/2012.]

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JENS MAJANO, 12 1:12-cv-00283 JLT (HC) Petitioner, 13 vs. 14 ORDER TRANSFERRING CASE TO THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA TIM VIRGA, 15 16 17 18 Respondent. / Petitioner, a state prisoner proceeding pro se, has filed a habeas corpus action pursuant to 28 U.S.C. § 2254, together with a request to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. 19 The federal venue statute requires that a civil action, other than one based on diversity 20 jurisdiction, be brought only in “(1) a judicial district where any defendant resides, if all defendants 21 reside in the same state, (2) a judicial district in which a substantial part of the events or omissions 22 giving rise to the claim occurred, or a substantial part of the property that is the subject of the action is 23 situated, or (3) a judicial district in which any defendant may be found, if there is no district in which 24 the action may otherwise be brought.” 28 U.S.C. § 1391(b). 25 In this case, the petitioner is challenging a conviction from Los Angeles County, which is in the 26 Central District of California. Therefore, the petition should have been filed in the United States District 27 Court for the Central District of California. In the interest of justice, a federal court may transfer a case 28 filed in the wrong district to the correct district. See 28 U.S.C. § 1406(a); Starnes v. McGuire, 512 F.2d -1- 1 2 3 918, 932 (D.C. Cir. 1974). Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the United States District Court for the Central District of California. 4 5 IT IS SO ORDERED. 6 Dated: February 28, 2012 9j7khi /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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