1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 EDWARD NOEL THOMAS, 1:24-cv-00926 SKO (HC) 12 Petitioner,

ORDER TRANSFERRING CASE TO THE

13 v. UNITED STATES DISTRICT COURT FOR

THE CENTRAL DISTRICT OF CALIFORNIA

14 PAT HORN,

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 In this case, the petitioner is challenging a resentencing hearing held on his conviction in 27 Ventura County, which is in the Central District of California. Therefore, the petition should have 28 been filed in the United States District Court for the Central District of California. In the interest 1 of justice, a federal court may transfer a case filed in the wrong district to the correct district. See 2 28 U.S.C. § 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 States 4 District Court for the Central District of California. 5

IT IS SO ORDERED.

6 7 Dated: August 13, 2024 /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