Phillip John Sena v. Scott Kernan

Filing 3

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.]

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1 UNITED STATES DISTRICT COURT 2 EASTERN DISTRICT OF CALIFORNIA 3 4 PHILLIP JOHN SENA, 5 Petitioner, 6 7 1:17-cv-00096-SKO (HC) ORDER TRANSFERRING CASE TO THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA v. SCOTT KERNAN, 8 Respondent. 9 Petitioner, a state prisoner proceeding pro se, has filed a habeas corpus action pursuant to 10 11 28 U.S.C. ' 2254. 12 The federal venue statute requires that a civil action, other than one based on diversity 13 jurisdiction, be brought only in A(1) a judicial district where any defendant resides, if all 14 defendants reside in the same state, (2) a judicial district in which a substantial part of the events 15 or omissions giving rise to the claim occurred, or a substantial part of the property that is the 16 subject of the action is situated, or (3) a judicial district in which any defendant may be found, if 17 there is no district in which the action may otherwise be brought.@ 28 U.S.C. ' 1391(b). 18 In this case, the petitioner is challenging a conviction from Riverside County, which is in 19 the Central District of California. Therefore, the petition should have been filed in the United 20 States District Court for the Central District of California. In the interest of justice, a federal 21 court may transfer a case filed in the wrong district to the correct district. See 28 U.S.C. ' 22 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 23 24 States District Court for the Central District of California. 25 IT IS SO ORDERED. 26 27 Dated: January 25, 2017 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE 28 1 .

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