Bergne v. Gonzalez

Filing 3

ORDER signed by Magistrate Judge Sheila K. Oberto on 6/21/2011 re 1 Petition for Writ of Habeas Corpus filed by Peter Michael Bergne. CASE TRANSFERRED to the Central District of California. CASE CLOSED. (Lundstrom, T)

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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 PETER M. BERGNE, 1:11-cv-01002-SKO-(HC) 12 13 ORDER TRANSFERRING CASE TO THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA Petitioner, 14 vs. 15 TERRI GONZALEZ, 16 17 Respondent. / 18 19 20 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. 21 The federal venue statute requires that a civil action, other than one based on diversity 22 jurisdiction, be brought only in “(1) a judicial district where any defendant resides, if all defendants 23 reside in the same state, (2) a judicial district in which a substantial part of the events or omissions 24 giving rise to the claim occurred, or a substantial part of the property that is the subject of the action is 25 situated, or (3) a judicial district in which any defendant may be found, if there is no district in which 26 the action may otherwise be brought.” 28 U.S.C. § 1391(b). 27 In this case, the petitioner is challenging a decision of California’s Board of Parole Hearings 28 made after a hearing held at California Men’s Colony East, where Petitioner is housed. California Men’s -1- 1 Colony East is located in San Luis Obispo, California, which in turn is in the Central District of 2 California. Therefore, the petition should have been filed in the United States District Court for the 3 Central District of California. In the interest of justice, a federal court may transfer a case filed in the 4 wrong district to the correct district. See 28 U.S.C. § 1406(a); Starnes v. McGuire, 512 F.2d 918, 932 5 (D.C. Cir. 1974). 6 Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the United States 7 District Court for the Central District of California. 8 IT IS SO ORDERED. 9 Dated: 3em3ec June 21, 2011 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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