(HC) Sandoval v. On Habeas Corpus ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JULIO SANDOVAL, Case No.: 1:20-cv-01224-JLT (HC) 12 Petitioner, ORDER TRANSFERRING CASE TO THE UNITED STATES DISTRICT COURT FOR 13 v. THE NORTHERN DISTRICT OF CALIFORNIA 14 ON HABEAS CORPUS, 15 Respondent. 16 17 Petitioner has filed a habeas corpus action pursuant to 28 U.S.C. § 2254, together with an 18 application to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. The application has not 19 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 in which any defendant resides, if all 22 defendants are residents of the State in which the district is located; (2) a judicial district in which 23 a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part 24 of property that is the subject of the action is situated; or (3) if there is no district in which an action 25 may otherwise be brought as provided in this section, any judicial district in which any defendant 26 is 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 Santa Clara County, which is in 28 the Northern District of California. Therefore, the petition should have been filed in the United 1 States District Court for the Northern 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 Northern District of California. 6 IT IS SO ORDERED. 7 8 Dated: September 1, 2020 /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