(HC) Parker v. Unknown ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DEWAYNE PARKER, 1:23-cv-00197-CDB (HC) 12 Petitioner, ORDER TRANSFERRING CASE TO THE 13 v. UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF 14 UNKNOWN, CALIFORNIA 15 Respondent. 16 17 Petitioner, a state prisoner proceeding pro se, has filed a habeas corpus action pursuant to 18 28 U.S.C. § 2254. Although not entirely clear from the face of the petitioner, Petitioner seems to 19 challenge a conviction he sustained in the Superior Court of California, County of Napa, 20 denominated in the petition as “Case Number 22CR001834” (Doc. 1 pp. 1, 6), as well as “illegal 21 custody” he alleges he suffered when “booked in the Napa County Jail.” (Id. p.7). In addition, as 22 of the date of this order, the Court takes judicial notice that Petitioner currently is in the custody of 23 the Napa County Department of Corrections and appears to be undergoing criminal proceedings in Napa County.1 24 The federal venue statute requires that a civil action, other than one based on diversity 25 26 1 See “Napa County Criminal Justice Network – Public In Custody Report,” available at 27 https://services.countyofnapa.org/CJNetWeb/Public/InCustodyReport (last visited May 24, 2023). The Court may take judicial notice of facts that can be accurately and readily determined from 28 sources whose accuracy cannot be reasonable question. Fed R. Civ. P. 201(b)(2). 1 | jurisdiction, be brought only in “(1) a judicial district where any defendant resides, if all defendants 2 | are residents of the State in which the district is located, (2) a judicial district in which a substantial 3 | part of the events or omissions giving rise to the claim occurred, or a substantial part of the property 4 | that is the subject of the action is situated, or (3) if there is no district in which an action may 5 | otherwise be brought as provided in this section, any judicial district in which any defendant is 6 || subject to the court’s personal jurisdiction with respect to such action.” 28 U.S.C. § 1391(b). 7 In this case, the petitioner is challenging a conviction from Napa County, which is in the 8 | Northern District of California. He separately appears to challenge the fact of his detention in the 9 | Napa County Jail, also in the Northern District of California. Therefore, the petition should have 10 | been filed in the United States District Court for the Northern District of California. In the interest 11 | of justice, a federal court may transfer a case filed in the wrong district to the correct district. See 12 | 28U.S.C. § 1406(a); Starnes v. McGuire, 512 F.2d 918, 932 (D.C. Cir. 1974). 13 Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the United States 14 | District Court for the Northern District of California. 15 | IT IS SOORDERED. '© | Dated: _May 24, 2023 | Wr bo 17 UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27 28