(HC) Ford v. Trate ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 QUINDELL FORD, 1:22-cv-01327 CDB (HC) 12 Petitioner, ORDER TRANSFERRING CASE TO THE 13 v. UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND 14 B. M. TRATE, 15 Respondent. 16 17 Petitioner, a pro se state prisoner, has filed a habeas corpus action pursuant to 28 U.S.C. 18 § 2241. 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 In this case, the petitioner is challenging a conviction and sentence issued from the United 27 States District Court for the District of Maryland. Therefore, the petition should have been filed in 28 the United States District Court for the District of Maryland. 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. § 1406(a); 2 | 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 States 4 | District Court for the District of Maryland. 5 6 IT IS SO ORDERED. 7 Dated: _ October 24, 2022 | Wn `` 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