Phillip John Sena v. Scott Kernan
ORDER TRANSFERRING CASE to the United States District Court for the Central District of California signed by Magistrate Judge Sheila K. Oberto on 1/25/2017. (Sant Agata, S) [Transferred from California Eastern on 1/27/2017.]
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
PHILLIP JOHN SENA,
ORDER TRANSFERRING CASE TO THE
UNITED STATES DISTRICT COURT FOR
THE CENTRAL DISTRICT OF CALIFORNIA
Petitioner, a state prisoner proceeding pro se, has filed a habeas corpus action pursuant to
28 U.S.C. ' 2254.
The federal venue statute requires that a civil action, other than one based on diversity
jurisdiction, be brought only in A(1) a judicial district where any defendant resides, if all
defendants reside in the same state, (2) a judicial district in which a substantial part of the events
or omissions giving rise to the claim occurred, or a substantial part of the property that is the
subject of the action is situated, or (3) a judicial district in which any defendant may be found, if
there is no district in which the action may otherwise be brought.@ 28 U.S.C. ' 1391(b).
In this case, the petitioner is challenging a conviction from Riverside County, which is in
the Central District of California. Therefore, the petition should have been filed in the United
States District Court for the Central District of California. In the interest of justice, a federal
court may transfer 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, IT IS HEREBY ORDERED that this matter is transferred to the United
States District Court for the Central District of California.
IT IS SO ORDERED.
January 25, 2017
Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE
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