(HC) Kruppe v. Warden

Filing 2

ORDER transferring case to the U. S. District Court for the Central District of California signed by Magistrate Judge Christopher D. Baker on 11/18/2022. CASE CLOSED. (Lundstrom, T)

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Case 1:22-cv-01494-CDB Document 2 Filed 11/21/22 Page 1 of 2 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MARY KRUPPE, 12 13 14 1:22-cv-01494-CDB (HC) Petitioner, ORDER TRANSFERRING CASE TO THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA v. WARDEN, 15 Respondent. 16 17 18 Petitioner, a state prisoner proceeding pro se, has filed a habeas corpus action pursuant to 28 U.S.C. § 2254. 19 The federal venue statute requires that a civil action, other than one based on diversity 20 jurisdiction, be brought only in “(1) a judicial district where any defendant resides, if all defendants 21 are residents of the State in which the district is located, (2) a judicial district in which a substantial 22 part of the events or omissions giving rise to the claim occurred, or a substantial part of the property 23 that is the subject of the action is situated, or (3) if there is no district in which an action may 24 otherwise be brought as provided in this section, any judicial district in which any defendant is 25 subject to the court’s personal jurisdiction with respect to such action.” 28 U.S.C. § 1391(b). 26 27 28 1 Case 1:22-cv-01494-CDB Document 2 Filed 11/21/22 Page 2 of 2 1 In this case, the petitioner is challenging a conviction from Los Angeles County, which is 2 in the Central District of California. Therefore, the petition should have been filed in the United 3 States District Court for the Central District of California. In the interest of justice, a federal court 4 may transfer a case filed in the wrong district to the correct district. See 28 U.S.C. § 1406(a); 5 Starnes v. McGuire, 512 F.2d 918, 932 (D.C. Cir. 1974). 6 Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the United States 7 District Court for the Central District of California. 8 IT IS SO ORDERED. 9 10 Dated: November 18, 2022 ___________________ _ UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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