Bergne v. Gonzalez
Filing
3
ORDER signed by Magistrate Judge Sheila K. Oberto on 6/21/2011 re 1 Petition for Writ of Habeas Corpus filed by Peter Michael Bergne. CASE TRANSFERRED to the Central District of California. CASE CLOSED. (Lundstrom, T)
<![CDATA[
1
2
3
4
5
6
7
8
IN THE UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11
PETER M. BERGNE,
1:11-cv-01002-SKO-(HC)
12
13
ORDER TRANSFERRING CASE TO THE
UNITED STATES DISTRICT COURT FOR
THE CENTRAL DISTRICT OF
CALIFORNIA
Petitioner,
14
vs.
15
TERRI GONZALEZ,
16
17
Respondent.
/
18
19
20
Petitioner, a state prisoner proceeding pro se, has filed a habeas corpus action pursuant to 28
U.S.C. § 2254, together with a request to proceed in forma pauperis pursuant to 28 U.S.C. § 1915.
21
The federal venue statute requires that a civil action, other than one based on diversity
22
jurisdiction, be brought only in “(1) a judicial district where any defendant resides, if all defendants
23
reside in the same state, (2) a judicial district in which a substantial part of the events or omissions
24
giving rise to the claim occurred, or a substantial part of the property that is the subject of the action is
25
situated, or (3) a judicial district in which any defendant may be found, if there is no district in which
26
the action may otherwise be brought.” 28 U.S.C. § 1391(b).
27
In this case, the petitioner is challenging a decision of California’s Board of Parole Hearings
28
made after a hearing held at California Men’s Colony East, where Petitioner is housed. California Men’s
-1-
1
Colony East is located in San Luis Obispo, California, which in turn is in the Central District of
2
California. Therefore, the petition should have been filed in the United States District Court for the
3
Central District of California. In the interest of justice, a federal court may transfer a case filed in the
4
wrong district to the correct district. See 28 U.S.C. § 1406(a); Starnes v. McGuire, 512 F.2d 918, 932
5
(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
Dated:
3em3ec
June 21, 2011
/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-2-
]]>
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?
