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
- 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.
- 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
- Whether the habeas action was filed in the proper federal judicial district.
- 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
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