Bell v. Allison
Filing
3
ORDER TRANSFERRING CASE to the Central District of California signed by Magistrate Judge Sandra M. Snyder on 9/13/2011. (Jessen, A)
1
2
3
4
5
6
7
8
IN THE UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11
HORACE BELL,
12
1:11-cv-01532-SMS (HC)
Petitioner,
13
vs.
14
ORDER TRANSFERRING CASE TO THE
UNITED STATES DISTRICT COURT FOR
THE CENTRAL DISTRICT OF
CALIFORNIA
K. ALLISON,
15
16
Respondent.
/
17
18
19
Petitioner, a state prisoner proceeding pro se, has filed a habeas corpus action pursuant to 28
U.S.C. § 2254.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 a conviction from Los Angeles 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:
3em3ec
September 13, 2011
/s/ Sandra M. Snyder
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-
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?