Patterson v. Martinez et al

Filing 6

ORDER Transferring Case to the United States District Court for Central District of California signed by Magistrate Judge Jennifer L. Thurston on 12/08/2016. CASE CLOSED. (Flores, E)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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VESTER L. PATTERSON,

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Petitioner,
v.

No. 1:16-cv-01565-DAD-JLT (HC)
ORDER TRANSFERRING CASE TO THE
UNITED STATES DISTRICT COURT FOR
THE CENTRAL DISTRICT OF CALIFORNIA

JOEL MARTINEZ, Warden, et al.,
Respondents.

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On October 17, 2016, Petitioner filed a habeas corpus action pursuant to 28 U.S.C. § 2254

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in this Court. Because venue is proper in the Central District of California, the Court will order

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the petition transferred.

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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

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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 his conviction from Los Angeles County, which is in

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the Central District of California. Venue is therefore proper in the Central District of California,

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and the petition should have been filed in the United States District Court for the Central District
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of California. In the interest of justice, a federal court may transfer a case filed in the wrong

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district to the correct district. See 28 U.S.C. § 1406(a); Starnes v. McGuire, 512 F.2d 918, 932

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(D.C. Cir. 1974).

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Accordingly, the Court ORDERS that this matter is transferred to the United States
District Court for the Central District of California.

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IT IS SO ORDERED.
Dated:

December 8, 2016

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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