Vasquez v. Frauenheim

Filing 3

ORDER,signed by Magistrate Judge Jennifer L. Thurston on 12/8/17. CASE TRANSFERRRED to SACRAMENTO Division. New Case Number 2:17-cv-2579 KJN (HC). Old Case Number 1:17-cv-1419 JLT (HC). (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SALVADOR B. VASQUEZ,

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Petitioner,

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v.

No. 1:17-cv-01419-JLT (HC)
ORDER TRANSFERRING CASE TO THE
SACRAMENTO DIVISION OF THE UNITED
STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF CALIFORNIA

SCOTT FRAUENHEIM, Warden,
Respondent.

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On October 23, 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 Sacramento Division of the Eastern District of

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California, the Court will order 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 Yolo County, which is in the

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Sacramento Division of the Eastern District of California. Venue is therefore proper in the

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Sacramento Division, and the petition should have been filed there. In the interest of justice, a
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federal 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 Sacramento
Division of the United States District Court for the Eastern District of California.

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IT IS SO ORDERED.
Dated:

December 8, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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