(HC) Herdon v. Burton ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 CARLOS HERDON, 1:23-cv-00811-SKO (HC) 12 Petitioner, ORDER TRANSFERRING CASE TO THE 13 v. UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF 14 ROBERT BURTON, 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. 19 The federal venue statute requires that a civil action, other than one based on diversity 20 jurisdiction, be brought only in “(1) a judicial district where any defendant resides, if all defendants 21 are residents of the State in which the district is located, (2) a judicial district in which a substantial 22 part of the events or omissions giving rise to the claim occurred, or a substantial part of the property 23 that is the subject of the action is situated, or (3) if there is no district in which an action may 24 otherwise be brought as provided in this section, any judicial district in which any defendant is 25 subject to the court’s personal jurisdiction with respect to such action.” 28 U.S.C. § 1391(b). 26 Petitioner is challenging a conviction from Santa Clara County, which is in the Northern 27 District of California. Therefore, the petition should have been filed in the United States District 28 Court for the Northern District of California. In the interest of justice, a federal court may transfer 1 a case filed in the wrong district to the correct district. See 28 U.S.C. § 1406(a); Starnes v. McGuire, 2 512 F.2d 918, 932 (D.C. Cir. 1974). 3 Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the United States 4 District Court for the Northern District of California. 5 IT IS SO ORDERED. 6 7 Dated: May 30, 2023 /s/ Sheila K. Oberto . UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28