Kutylo v. Dickinson

Filing 2

ORDER, CASE TRANSFERRED to Central District of California, signed by Magistrate Judge Jennifer L. Thurston on 12/2/2011. CASE CLOSED. (Marrujo, C)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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STEPHEN E. KUTYLO,

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Petitioner,

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vs.

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KATHLEEN L. DICKINSON, Warden

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Respondent.

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1:11-cv-01982 JLT (HC)
ORDER TRANSFERRING CASE TO THE
UNITED STATES DISTRICT COURT FOR
THE CENTRAL DISTRICT OF CALIFORNIA

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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.

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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

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

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

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

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

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In this case, the petitioner is challenging a conviction from Riverside County, which is in the

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Central District of California. Therefore, the petition should have been filed in the United States District

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Court for the Central District of California. 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

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District Court for the Central District of California.

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IT IS SO ORDERED.

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Dated: December 2, 2011
9j7khi

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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