Wilson, Jr. v. Muniz

Filing 3

ORDER, CASE TRANSFERRED to Central District of CA, signed by Magistrate Judge Jennifer L. Thurston on 05/09/2016. CASE CLOSED(Martin-Gill, S) [Transferred from California Eastern on 5/9/2016.]

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FREDERICK WILSON, JR,

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Petitioner,

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1:16-cv-0616 JLT (HC)
ORDER TRANSFERRING CASE TO THE
UNITED STATES DISTRICT COURT FOR
THE CENTRAL DISTRICT OF CALIFORNIA

v.
WILLIAM L. MUNIZ,

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Respondent.

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Frederick Wilson, Jr. filed a habeas corpus action and a request to proceed in forma

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pauperis in this Court. However, he seeks to challenge a conviction arising from the Central

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District of California. Thus, the Court must transfer the matter to that District.

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I.

Analysis

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The federal venue statute requires that a civil action, other than one based on diversity

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jurisdiction, be brought only in A(1) a judicial district where any defendant resides, if all

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defendants reside in the same state, (2) a judicial district in which a substantial part of the events

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or omissions giving rise to the claim occurred, or a substantial part of the property that is the

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subject of the action is situated, or (3) a judicial district in which any defendant may be found, if

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there is no district in which the action may otherwise be brought.@ 28 U.S.C. ' 1391(b).

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As noted above, the petitioner is challenging a conviction from Los Angeles County,

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which is in the Central District of California. Therefore, the petition should have been filed in the
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United States District Court for the Central District of California. In the interest of justice, a

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federal court may transfer a case filed in the wrong district to the correct district. See 28 U.S.C. '

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1406(a); Starnes v. McGuire, 512 F.2d 918, 932 (D.C. Cir. 1974).

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Accordingly, the Court ORDERS this matter to be transferred to the United States
District Court for the Central District of California.

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IT IS SO ORDERED.
Dated:

May 9, 2016

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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