James D. Chavez v. Davey
Filing
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ORDER TRANSFERRING Case to the United States District Court for the Central District of California, signed by Magistrate Judge Jennifer L. Thurston on 10/25/17. (Hellings, J)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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JAMES D. CHAVEZ,
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1:17-cv-01409 JLT (HC)
Petitioner,
ORDER TRANSFERRING CASE TO THE
UNITED STATES DISTRICT COURT FOR
THE CENTRAL DISTRICT OF CALIFORNIA
v.
D. DAVEY,
Respondent.
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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 Los Angeles County, which is
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in the Central District of California. Therefore, the petition should have been filed in the United
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States District Court for the Central 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, the Court ORDERS that this matter is transferred to the United States
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District Court for the Central District of California.
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IT IS SO ORDERED.
Dated:
October 25, 2017
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE
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