Brandon Alexander Favor v. The People of the State of California
Filing
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ORDER TRANSFERRING CASE TO THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA signed by Magistrate Judge Jennifer L. Thurston on 6/19/2017. CASE CLOSED. (Lundstrom, T) [Transferred from California Eastern on 6/21/2017.]
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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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1:17-cv-00781-JLT (HC)
Petitioner,
ORDER TRANSFERRING CASE TO THE
UNITED STATES DISTRICT COURT FOR
THE CENTRAL DISTRICT OF CALIFORNIA
v.
THE PEOPLE OF THE STATE OF
CALIFORNIA,
Respondent.
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Petitioner has filed a habeas corpus action pursuant to 28 U.S.C. ' 2254 to challenge a
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conviction from Los Angeles County, which is in the Central District of California. Notably, the
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federal venue statute requires that a civil action, other than one based on diversity jurisdiction, be
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brought only in A(1) a judicial district where any defendant resides, if all defendants reside in the
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same state, (2) a judicial district in which a substantial part of the events or omissions giving rise
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to the claim occurred, or a substantial part of the property that is the subject of the action is
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situated, or (3) a judicial district in which any defendant may be found, if there is no district in
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which the action may otherwise be brought.@ 28 U.S.C. ' 1391(b).
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Because the conviction occurred in Los Angeles County, which is in the Central District
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of California, the petition should have been filed there. In the interest of justice, a federal court
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may transfer a case filed in the wrong district to the correct district. See 28 U.S.C. ' 1406(a);
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Starnes v. McGuire, 512 F.2d 918, 932 (D.C. Cir. 1974).
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Accordingly, the Court ORDERS that this matter is transferred to the United States
District Court for the Central District of California.
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IT IS SO ORDERED.
Dated:
June 19, 2017
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE
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