Opinion
1:21-cv-01297-JLT (HC)
08-30-2021
JABORIE BROWN, Petitioner, v. WARDEN OF USP ATWATER, Respondent.
ORDER TRANSFERRING CASE TO THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA
JENNIFER L. THURSTON, CHIEF UNITED STATES MAGISTRATE JUDGE.
The federal venue statute requires that a civil action, other than one based on diversity jurisdiction, be brought only in “(1) a judicial district in which any defendant resides, if all defendants are residents of the State in which the district is located, (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 property that is the subject of the action is situated, or (3) if there is no district in which an action may otherwise be brought as provided in this section, any judicial district in which any defendant is subject to the court's personal jurisdiction with respect to such action.” 28 U.S.C. § 1391(b).
In this case, the petitioner is challenging a conviction from Miami - Dade County, which is in the Southern District of Florida. Therefore, the petition should have been filed in the United States District Court for the Southern District of Florida. 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 that this matter is transferred to the United States District Court for the Southern District of Florida.
IT IS SO ORDERED.