Opinion
1:16-cv-0616 JLT (HC)
05-09-2016
FREDERICK WILSON, JR, Petitioner, v. WILLIAM L. MUNIZ, Respondent.
ORDER TRANSFERRING CASE TO THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA
Frederick Wilson, Jr. filed a habeas corpus action and a request to proceed in forma pauperis in this Court. However, he seeks to challenge a conviction arising from the Central District of California. Thus, the Court must transfer the matter to that District.
I. Analysis
The federal venue statute requires that a civil action, other than one based on diversity jurisdiction, be brought only in "(1) a judicial district where any defendant resides, if all defendants reside in the same state, (2) a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of the property that is the subject of the action is situated, or (3) a judicial district in which any defendant may be found, if there is no district in which the action may otherwise be brought." 28 U.S.C. § 1391(b).
As noted above, the petitioner is challenging a conviction from Los Angeles County, which is in the Central District of California. Therefore, the petition should have been filed in the United States District Court for the Central District of California. In the interest of justice, a federal court may transfer a case filed in the wrong district to the correct district. See 28 U.S.C. § 1406(a); Starnes v. McGuire, 512 F.2d 918, 932 (D.C. Cir. 1974).
Accordingly, the Court ORDERS this matter to be transferred to the United States District Court for the Central District of California. IT IS SO ORDERED.
Dated: May 9 , 2016
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE