Lozano v. On Habeas Corpus

Filing 2

ORDER Transferring Case to the United States District Court for the Central District of California signed by Magistrate Judge Jennifer L. Thurston on 11/03/2017. (Flores, E)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOHN VINCENT LOZANO, 12 Petitioner, 13 14 15 1:17-cv-01475 JLT (HC) ORDER TRANSFERRING CASE TO THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA v. ON HABEAS CORPUS, Respondent. 16 17 The federal venue statute requires that a civil action, other than one based on diversity 18 jurisdiction, be brought only in A(1) a judicial district where any defendant resides, if all 19 defendants reside in the same state, (2) a judicial district in which a substantial part of the events 20 or omissions giving rise to the claim occurred, or a substantial part of the property that is the 21 subject of the action is situated, or (3) a judicial district in which any defendant may be found, if 22 there is no district in which the action may otherwise be brought.@ 28 U.S.C. ' 1391(b). 23 In this case, the petitioner is challenging a conviction from Los Angeles County, which is 24 in the Central District of California. Therefore, the petition should have been filed in the United 25 States District Court for the Central District of California. In the interest of justice, a federal 26 court may transfer a case filed in the wrong district to the correct district. See 28 U.S.C. ' 27 1406(a); Starnes v. McGuire, 512 F.2d 918, 932 (D.C. Cir. 1974). 28 Accordingly, the Court ORDERS that this matter is transferred to the United States 1 1 District Court for the Central District of California. 2 3 4 IT IS SO ORDERED. Dated: November 3, 2017 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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