Lindsay v. Davey

Filing 2

ORDER Transferring Case to the United States District Court for the Central District of California, signed by Magistrate Judge Sheila K. Oberto on 5/16/17. (Hellings, J)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

JOSUA JAMES LINDSAY,

12

Petitioner,

13

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

v.

14

1:17-cv-00659-SKO- (HC)

DAVE DAVEY,

15

Respondent.

16
17
18

Petitioner, a state prisoner proceeding pro se, has filed a habeas corpus action pursuant to
28 U.S.C. ' 2254.

19

The federal venue statute requires that a civil action, other than one based on diversity

20

jurisdiction, be brought only in A(1) a judicial district where any defendant resides, if all

21

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

22

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

23

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

24

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

25

In this case, the petitioner is challenging a conviction from San Bernardino County, which

26

is in the Central District of California. Therefore, the petition should have been filed in the

27

United States District Court for the Central District of California. In the interest of justice, a

28

federal court may transfer a case filed in the wrong district to the correct district. See 28 U.S.C. '
1

1

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

2
3

States District Court for the Central District of California.

4
5
6

IT IS SO ORDERED.
Dated:

May 16, 2017

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2

.