(HC) Bailey v. CCWF Warden

Filing 3

ORDER TRANSFERRING Case to the United States District Court for the Central District of California, signed by Magistrate Judge Sheila K. Oberto. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MALIKA BAILEY,

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Petitioner,

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1:23-cv-01588-SKO (HC)
ORDER TRANSFERRING CASE TO THE
UNITED STATES DISTRICT COURT FOR
THE CENTRAL DISTRICT OF
CALIFORNIA

v.
CCWF 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

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28 U.S.C. § 2254, together with a request to proceed in forma pauperis pursuant to 28 U.S.C.

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§ 1915.

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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 defendants

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are residents of the State in which the district is located, (2) a judicial district in which a substantial

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

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

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

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subject to the court’s personal jurisdiction with respect to such action.” 28 U.S.C. § 1391(b).

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Petitioner is challenging a conviction from Los Angeles County, which is in the Central

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District of California. Therefore, the petition should have been filed in the United States District

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Court for the Central District of California. In the interest of justice, a federal court may transfer a

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case filed in the wrong district to the correct district. See 28 U.S.C. § 1406(a); Starnes v. McGuire,

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512 F.2d 918, 932 (D.C. Cir. 1974).
Based on the foregoing, IT IS HEREBY ORDERED that this matter is transferred to the

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United States District Court for the Central District of California.

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IT IS SO ORDERED.
Dated:

/s/ Sheila K. Oberto

November 13, 2023

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UNITED STATES MAGISTRATE JUDGE

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