(HC) Dominicus v. Superior Court of California, County of Norwalk ( 2021 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 CHRYSOSTOM DOMINICUS, 1:21-cv-00511-SAB (HC) 11 Petitioner, ORDER TRANSFERRING CASE TO THE 12 v. UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA 13 SUPERIOR COURT OF CALIFORNIA, COUNTY OF NORWALK 14 Respondent. 15 16 Petitioner, a state prisoner proceeding pro se, has filed a habeas corpus action pursuant to 17 28 U.S.C. § 2254. 18 The federal venue statute requires that a civil action, other than one based on diversity 19 jurisdiction, be brought only in “(1) a judicial district where any defendant resides, if all 20 defendants are residents of the State in which the district is located, (2) a judicial district in which 21 a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part 22 of the property that is the subject of the action is situated, or (3) if there is no district in which an 23 action may otherwise be brought as provided in this section, any judicial district in which any 24 defendant is subject to the court’s personal jurisdiction with respect to such action.” 28 U.S.C. § 25 1391(b). 26 In this case, the petitioner is challenging a conviction from Los Angeles County, which is 27 in the Central District of California. Therefore, the petition should have been filed in the United 28 States District Court for the Central District of California. In the interest of justice, a federal 1 | court may transfer a case filed in the wrong district to the correct district. See 28 U.S.C. § 2 1406(a); Starnes v. McGuire, 512 F.2d 918, 932 (D.C. Cir. 1974). 3 Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the United 4 | States District Court for the Central District of California. 5 6 | IT IS SO ORDERED. A (ee 7 | Dated: _March 29, 2021 OF g UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28