Rubio v. On Petition for Writ of Habeas Corpus

Filing 2

ORDER TRANSFERRING Case to the United States District Court for the Southern District of California, signed by Magistrate Judge Jennifer L. Thurston on 5/6/14. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TEODOCIO RUBIO, SR.,
Petitioner,

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v.

1:14-cv-00587 JLT (HC)
ORDER TRANSFERRING CASE TO THE
UNITED STATES DISTRICT COURT FOR
THE SOUTHERN DISTRICT OF
CALIFORNIA

ON PETITION FOR WRIT OF HABEAS
CORPUS,

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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.

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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 A(1) a judicial district where any defendant resides, if all

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

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

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subject of the action is situated, or (3) a judicial district in which any defendant may be found, if

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there is no district in which the action may otherwise be brought.@ 28 U.S.C. ' 1391(b).

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In this case, Petitioner is challenging a conviction from San Diego County, which is in the

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

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States District Court for the Southern District of California. In the interest of justice, a federal

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court may transfer a case filed in the wrong district to the correct district. See 28 U.S.C. '
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1406(a); Starnes v. McGuire, 512 F.2d 918, 932 (D.C. Cir. 1974).
Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the United
States District Court for the Southern District of California.

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IT IS SO ORDERED.
Dated:

May 6, 2014

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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