John Ray Gholar v. Michael Martel

Filing 4

ORDER TRANSFERRING Case to the United States District Court for the Central District of California, signed by Magistrate Judge Michael J. Seng on 3/10/2018. (Hellings, J) [Transferred from California Eastern on 3/12/2018.]

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOHN RAY GHOLAR, 12 13 1:18-cv-00340 MJS (HC) Petitioner, ORDER TRANSFERRING CASE TO THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA v. 14 MICHAEL MARTEL, Warden, 15 Respondent. 16 17 18 Petitioner, a state prisoner proceeding pro se, has filed a habeas corpus action pursuant to 28 U.S.C. ' 2254. 19 The federal venue statute requires that a civil action, other than one based on 20 diversity jurisdiction, be brought only in A(1) a judicial district where any defendant 21 resides, if all defendants reside in the same state, (2) a judicial district in which a 22 substantial part of the events or omissions giving rise to the claim occurred, or a 23 substantial part of the property that is the subject of the action is situated, or (3) a 24 judicial district in which any defendant may be found, if there is no district in which the 25 action may otherwise be brought.@ 28 U.S.C. ' 1391(b). 26 In this case, the petitioner is challenging a conviction from Los Angeles County, 27 which is in the Central District of California. Therefore, the petition should have been 28 filed in the United States District Court for the Central District of California. 1 In the 1 interest of justice, a federal court may transfer a case filed in the wrong district to the 2 correct district. See 28 U.S.C. ' 1406(a); Starnes v. McGuire, 512 F.2d 918, 932 (D.C. 3 Cir. 1974). 4 5 Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the United States District Court for the Central District of California. 6 7 8 IT IS SO ORDERED. Dated: March 10, 2018 /s/ 9 Michael J. Seng UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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