Vinyard v. Pfeiffer

Filing 5

ORDER transferring case to the United States District Court for the Northern District of California signed by Magistrate Judge Jennifer L. Thurston on 4/5/2017. CASE CLOSED. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOSHUA R. VINYARD,

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1:17-cv-00462-JLT (HC)

Petitioner,

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

v.
C. PFEIFFER,
Respondent.

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The petitioner 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 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 Monterey County, which is in

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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).
Accordingly, the Court ORDERS 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:

April 5, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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