(HC) Jones v. Pfeiffer

Filing 3

ORDER TRANSFERRING CASE to the United States District Court for the Central District of California signed by Magistrate Judge Jennifer L. Thurston on 7/18/2019. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MICHAEL JONES,

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Case No.: 1:19-cv-00981-JLT (HC)

Petitioner,

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

v.
WARDEN PFEIFFER,
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 “(1) a judicial district in which any defendant resides, if all

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defendants are residents of the State in which the district is located; (2) a judicial district in which

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

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of property that is the subject of the action is situated; or (3) if there is no district in which an action

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may otherwise be brought as provided in this section, any judicial district in which any defendant

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is subject to the court’s personal jurisdiction with respect to such action.” 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 court

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may transfer a case filed in the wrong district to the correct district. See 28 U.S.C. § 1406(a);

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Starnes v. McGuire, 512 F.2d 918, 932 (D.C. Cir. 1974).
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Accordingly, the Court ORDERS that this matter be transferred to the United States District
Court for the Central District of California.

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IT IS SO ORDERED.
Dated:

July 18, 2019

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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