Brandon Favor v. Pat L. Vasquez

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 12/7/16. (Gonzalez, R) [Transferred from California Eastern on 12/9/2016.]

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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-01809-JLT (HC)

Petitioner,

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

v.
PAT L. VASQUEZ,
Respondent.

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In this case, Petitioner is challenging a conviction from Los Angeles County, which is in

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the Central District of California. However, the federal venue statute requires that a civil action,

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other than one based on diversity jurisdiction, be brought only in A(1) a judicial district where any

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defendant resides, if all defendants reside in the same state, (2) a judicial district in which a

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substantial part of the events or omissions giving rise to the claim occurred, or a substantial part

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of the property that is the subject of the action is situated, or (3) a judicial district in which any

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defendant may be found, if there is no district in which the action may otherwise be brought.@ 28

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U.S.C. ' 1391(b). Therefore, the petition should have been filed in the United States District

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Court for the Central District of California. In the interest of justice, a federal court may transfer

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a case filed in the wrong district to the correct district. See 28 U.S.C. ' 1406(a); Starnes v.
McGuire, 512 F.2d 918, 932 (D.C. Cir. 1974).
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:

December 7, 2016

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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