Jenkins v. Vasquez

Filing 3

ORDER Transferring Case to the United States District Court for the Northern District of California signed by Magistrate Judge Gary S. Austin on 06/12/2012. 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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EDWARD CHARLES JENKINS,

1:12-cv-00926 GSA (HC)

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ORDER TRANSFERRING CASE TO THE
UNITED STATES DISTRICT COURT FOR
THE NORTHERN DISTRICT OF
CALIFORNIA

Petitioner,

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vs.

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P. L. VASQUEZ, Warden,

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Respondent.
/

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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 Santa Clara County, which is in the
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Northern District of California. Therefore, the petition should have been filed in the United States

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District Court for the Northern District of California. In the interest of justice, a federal court may

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transfer a case filed in the wrong district to the correct district. See 28 U.S.C. § 1406(a); Starnes v.

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McGuire, 512 F.2d 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 Northern District of California.

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IT IS SO ORDERED.

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Dated:
23ehd0

June 12, 2012

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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