Brandon Alexander Favor v. Daniel Paramo

Filing 2

ORDER Transferring Case to the United States District Court for the Central District of California, signed by Magistrate Judge Jennifer L. Thurston on 06/15/2016. CASE TRANSFERRED to Central District of CA.(Martin-Gill, S)[Transferred from California Eastern on 6/17/2016.]

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BRANDON ALEXANDER FAVOR,

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1:16-cv-00810 JLT (HC)

Petitioner,

ORDER TRANSFERRING CASE TO THE
UNITED STATES DISTRICT COURT FOR
THE CENTRAL DISTRICT OF CALIFORNIA

v.
DANIEL PARAMO,

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Respondent.

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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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In this case, the petitioner is challenging a conviction and sentence from Los Angeles

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County, which is in the Central District of California. Therefore, the petition should have been

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filed in that court. In the interest of justice, a federal court may transfer a case filed in the wrong

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district to the correct district. See 28 U.S.C. ' 1406(a); Starnes v. McGuire, 512 F.2d 918, 932

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(D.C. Cir. 1974).

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

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IT IS SO ORDERED.
Dated:

June 15, 2016

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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