Garcia v. Worland
Filing
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ORDER signed by Magistrate Judge Sandra M. Snyder on 6/21/2011 re 1 Petition for Writ of Habeas Corpus filed by Saul Garcia. CASE TRANSFERRED to the Central District of California. (Lundstrom, T)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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SAUL GARCIA,
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1:11-cv-01022-SMS-(HC)
Petitioner,
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vs.
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ORDER TRANSFERRING CASE TO THE
UNITED STATES DISTRICT COURT FOR
THE CENTRAL DISTRICT OFCALIFORNIA
C. WORLAND,
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Respondent.
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/
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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 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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reside in the same state, (2) a judicial district in which a substantial part of the events or omissions
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giving rise to the claim occurred, or a substantial part of the property that is the subject of the action is
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situated, or (3) a judicial district in which any defendant may be found, if there is no district in which
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the 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, which is in the
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Central District of California. Therefore, the petition should have been filed in the United States
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District Court for the Central District of California. In the interest of justice, a federal court may
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transfer a case filed in the wrong district to the correct district. See 28 U.S.C. § 1406(a); Starnes v.
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McGuire, 512 F.2d 918, 932 (D.C. Cir. 1974).
Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the United States
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District Court for the Central District of California.
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IT IS SO ORDERED.
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Dated:
3em3ec
June 21, 2011
/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE
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