Oldright v. Curry
ORDER, CASE TRANSFERRED to District of USDC, Northern District of California; original file, certified copy of transfer order, and docket sheet sent; CASE CLOSED; order signed by Judge Sandra M. Snyder on 6/13/07. (Rooney, M)
(HC) Oldright v. Curry
Case 1:07-cv-00841-AWI-SMS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 vs. B. CURRY, Warden, Respondent. WILLIAM OLDRIGHT, Petitioner,
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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
ORDER OF TRANSFER
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 "(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 parole decision from Monterey County, which is in the Northern District of California. Petitioner is incarcerated at the Correctional Training Facility in Soledad, California, also in the Northern District. Therefore, the petition should have been filed in the
Case 1:07-cv-00841-AWI-SMS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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United States District Court for the Northern 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 Northern District of California. IT IS SO ORDERED. Dated: 23ehd0 June 13, 2007 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE
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