Richard S. Kindred v. CA Superior Court, County of Orange

Filing 3

ORDER TRANSFERRING CASE to the United States District Court for the Central District of California signed by Magistrate Judge Jennifer L. Thurston on 12/4/2012. (Sant Agata, S) [Transferred from California Eastern on 12/6/2012.]

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RICHARD S. KINDRED, 12 13 14 1:12-cv-01953-JLT (HC) Petitioner, ORDER TRANSFERRING CASE TO THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA vs. CA SUPERIOR COURT, COUNTY OF ORANGE, 15 Respondent. 16 / 17 18 19 Petitioner, a state prisoner proceeding pro se, has filed a habeas corpus action pursuant to 28 U.S.C. § 2254, together with a request to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. 20 The federal venue statute requires that a civil action, other than one based on diversity 21 jurisdiction, be brought only in “(1) a judicial district where any defendant resides, if all defendants 22 reside in the same state, (2) a judicial district in which a substantial part of the events or omissions 23 giving rise to the claim occurred, or a substantial part of the property that is the subject of the action is 24 situated, or (3) a judicial district in which any defendant may be found, if there is no district in which 25 the action may otherwise be brought.” 28 U.S.C. § 1391(b). 26 In this case, the petitioner is challenging court proceedings in Orange County, which is in the 27 Central District of California. Therefore, the petition should have been filed in the United States District 28 Court for the Central District of California. In the interest of justice, a federal court may transfer a case -1- 1 filed in the wrong district to the correct district. See 28 U.S.C. § 1406(a); Starnes v. McGuire, 512 F.2d 2 918, 932 (D.C. Cir. 1974). 3 Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the United States 4 District Court for the Central District of California. 5 IT IS SO ORDERED. 6 Dated: December 4, 2012 9j7khi /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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