Gholar v. Martel

Filing 4

ORDER TRANSFERRING Case to the United States District Court for the Central District of California, signed by Magistrate Judge Michael J. Seng on 3/10/2018. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOHN RAY GHOLAR,

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1:18-cv-00340 MJS (HC)

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

v.

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MICHAEL MARTEL, Warden,

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Respondent.

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

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

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

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resides, if all defendants reside in the same state, (2) a judicial district in which a

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substantial part of the events or omissions giving rise to the claim occurred, or a

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substantial part of the property that is the subject of the action is situated, or (3) a

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judicial district in which any defendant may be found, if there is no district in which the

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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,

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

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filed in the United States District Court for the Central District of California.
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In the

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interest of justice, a federal court may transfer a case filed in the wrong district to the

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correct district. See 28 U.S.C. ' 1406(a); Starnes v. McGuire, 512 F.2d 918, 932 (D.C.

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Cir. 1974).

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Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the
United States District Court for the Central District of California.

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IT IS SO ORDERED.
Dated:

March 10, 2018

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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