Parker v. Napa Superior Court

No. 1:25-cv-00367-SKO (HC) (E.D. Cal. Mar. 31, 2025) · United States District Court for the Eastern District of California · April 1, 2025 · No. 1:25-cv-00367-SKO (HC)

Summary

The United States District Court for the Eastern District of California ordered the transfer of Dewayne Parker’s 28 U.S.C. § 2254 habeas corpus action to the Northern District of California. The court concluded that venue was proper in the Northern District because Parker was challenging a conviction from Napa County and cited 28 U.S.C. § 1406(a).

Holdings

  1. Because the petition challenged a conviction from Napa County, the action should have been filed in the Northern District of California rather than the Eastern District of California.
  2. A federal court may transfer a case filed in the wrong district to the correct district in the interest of justice, and this case should be transferred to the Northern District of California.

Questions Presented

  1. Whether the habeas action was filed in the proper federal judicial district.
  2. Whether the Eastern District of California should transfer the action to the Northern District of California under 28 U.S.C. § 1406(a).

Disposition

other

Cases Cited (1)

  • Starnes v. McGuire, 512 F.2d 918, 932 (D.C. Cir. 1974)(followed)

Cited In (0)

No citing cases on record yet.

Court Document

Open PDF
Loading document…