David Upton v. The State of California

Filing 3

ORDER, CASE TRANSFERRED to the Central District of CA. Original file, certified copy of transfer order, and docket sheet sent. Signed by Judge William M. Wunderlich on 7/25/07. {CASE CLOSED}(Hellings, J)

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(HC) David Upton v. The State of California Doc. 3 Case 1:07-cv-01047-LJO-WMW 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. THE STATE OF CALIFORNIA Respondent. DAVID UPTON Petitioner, Document 3 Filed 07/26/2007 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 1:07-cv-1047 LJO WMW (HC) ORDER OF TRANSFER / 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. 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 conviction from San Bernardino 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, Dockets.Justia.com Case 1:07-cv-01047-LJO-WMW 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 28 512 F.2d 918, 932 (D.C. Cir. 1974). Document 3 Filed 07/26/2007 Page 2 of 2 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. Dated: bl0dc4 July 25, 2007 /s/ William M. Wunderlich UNITED STATES MAGISTRATE JUDGE

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