Clark v. Warden

Filing 3

ORDER TRANSFERRING CASE to the United States District Court for the Central District of California signed by Magistrate Judge Jennifer L. Thurston on 4/18/2017. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RAYMOND CLARK,

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Petitioner,
v.

No. 1:17-cv-00377-JLT (HC)
ORDER TRANSFERRING CASE TO THE
UNITED STATES DISTRICT COURT FOR
THE CENTRAL DISTRICT OF CALIFORNIA

WARDEN,
Respondent.

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On March 15, 2017, 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 and sentence from Los Angeles

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

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District of California, and the petition should have been filed in the United States District Court
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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

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F.2d 918, 932 (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:

April 18, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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