Brown v. USA

Filing 2

ORDER, CASE TRANSFERRED to the United States District Court for the District of Columbia signed by Magistrate Judge Dennis L. Beck on 09/28/2011. CASE CLOSED.(Flores, E)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOSEPH ANTHONY BROWN,

1:11-cv-01585-DLB-(HC)

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ORDER TRANSFERRING CASE TO THE
UNITED STATES DISTRICT COURT FOR
THE DISTRICT OF COLUMBIA

Petitioner,

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vs.

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U.S.A.,

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Respondent.

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/

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Petitioner, a state prisoner proceeding pro se, has filed a habeas corpus action pursuant to 28
U.S.C. § 2254.

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The federal venue statute requires that a civil action, other than one based on diversity

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jurisdiction, be brought only in “(1) a judicial district where any defendant resides, if all defendants reside

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in the same state, (2) a judicial district in which a substantial part of the events or omissions giving rise

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to the claim occurred, or a substantial part of the property that is the subject of the action is situated, or

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(3) a judicial district in which any defendant may be found, if there is no district in which the action may

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otherwise be brought.” 28 U.S.C. § 1391(b).

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In this case, the petitioner is challenging a conviction from Washington D.C. Superior Court,

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which is in the District of Columbia. Therefore, the petition should have been filed in the United States
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District Court for the District of Columbia. In the interest of justice, a federal court may transfer a case

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filed in the wrong district to the correct district. See 28 U.S.C. § 1406(a); Starnes v. McGuire, 512 F.2d

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918, 932 (D.C. Cir. 1974).

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Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the United States
District Court for the District of Columbia.

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IT IS SO ORDERED.
Dated:
ah0l4d

September 28, 2011

/s/ Dennis L. Beck
UNITED STATES MAGISTRATE JUDGE

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