Steward v. Sherman

Filing 3

ORDER Transferring Case to the United States District Court for the Northern District of California, signed by Magistrate Judge Jennifer L. Thurston on 02/06/15. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DONNY STEWARD,

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Petitioner,

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1:15-cv-00190-JLT (HC)
ORDER TRANSFERRING CASE TO THE
UNITED STATES DISTRICT COURT FOR
THE NORTHERN DISTRICT OF
CALIFORNIA

v.
STUART SHERMAN,

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Respondent.

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Petitioner, a state prisoner proceeding pro se, has filed a habeas corpus action pursuant to

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28 U.S.C. ' 2254, together with a request to proceed in forma pauperis pursuant to 28 U.S.C.

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' 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 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, the petitioner is challenging a conviction from Santa Clara County, which is

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

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States District Court for the Northern 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).

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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.
Dated:

February 6, 2015

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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