(HC) Carroll v. Lozano ( 2019 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 TREMAYNE CARROLL, Case No.: 1:19-cv-01360-JLT (HC) 12 Petitioner, ORDER TRANSFERRING CASE TO THE UNITED STATES DISTRICT COURT FOR 13 v. THE CENTRAL DISTRICT OF CALIFORNIA 14 JARED LOZANO, et al., 15 Respondents. 16 17 Petitioner has filed a habeas corpus action pursuant to 28 U.S.C. § 2254, in which it appears 18 he is challenging a conviction from Los Angeles County. Petitioner has submitted an application 19 to proceed in forma pauperis; the application has not been ruled on by this Court. 20 The federal venue statute requires that a civil action, other than one based on diversity 21 jurisdiction, be brought only in “(1) a judicial district where any defendant resides, if all defendants 22 are residents of the State in which the district is located, (2) a judicial district in which a substantial 23 part of the events or omissions giving rise to the claim occurred, or a substantial part of the property 24 that is the subject of the action is situated, or (3) if there is no district in which an action may 25 otherwise be brought as provided in this section, any judicial district in which any defendant is 26 subject to the court’s personal jurisdiction with respect to such action.” 28 U.S.C. § 1391(b). 27 In this case, the petitioner is challenging a conviction from Los Angeles County, which is 28 in the Central District of California. Therefore, the petition should have been filed in the United 1 States District Court for the Central District of California. In the interest of justice, a federal court 2 may transfer a case filed in the wrong district to the correct district. See 28 U.S.C. § 1406(a); 3 Starnes v. McGuire, 512 F.2d 918, 932 (D.C. Cir. 1974). 4 Accordingly, the Court ORDERS that this matter be transferred to the United States District 5 Court for the Central District of California. 6 IT IS SO ORDERED. 7 8 Dated: October 1, 2019 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28