McEvoy v. The State of California et al

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26-cv-1226-AGS-MSB
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
Jason D. McEVOY,
Petitioner,
v.
STATE OF CALIFORNIA, et al.,
Respondents.
Case No.: 26-cv-1226-AGS-MSB
ORDER TRANSFERRING CASE
Petitioner Jason McEvoy, a self-represented state prisoner, seeks habeas relief under
28 U.S.C. § 2254, but it appears he has filed this action in the wrong district. The Court
thus transfers this case in the interest of justice.
Petitions for a writ of habeas corpus under § 2254 may be filed in the United States
district court for the judicial district in which the petitioner either (1) is presently “in
custody” or (2) was “convicted and sentenced” in state court. See 28 U.S.C. § 2241(d).
McEvoy says he is presently confined in Riverside County, California (see ECF 1 at 1, 12),
which is within the jurisdictional boundaries of the United States District Court for the
Central District of California, Eastern Division, see 28 U.S.C. § 84(c)(1). While it is
unclear whether McEvoy has been convicted or sentenced on either, or both, of the cases
he is challenging (see ECF 1, at 3, 11), those state court proceedings are also in Riverside
County (id. at 1, 3, 7-8, 11). Thus, any habeas petition should have been brought in
California’s Central District, not its Southern District.
When “a court finds that there is a want of jurisdiction[,] the court shall transfer the
action to any other such court in which the action could have been brought ‘if it is in the
interest of justice.’” Miller v. Hambrick, 905 F.2d 259, 262 (9th Cir. 1990) (discussing
28 U.S.C. § 1631). Such a transfer is in the interest of justice because dismissal of an action
that could be brought elsewhere is “time consuming and justice-defeating.” 	Miller,
905 F.2d at 262 (quoting Goldlawr, Inc. v. Heiman, 369 U.S. 463, 467 (1962)).
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26-cv-1226-AGS-MSB
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The Clerk of Court is ordered to transfer this matter to the United States District
Court for the Central District of California, Eastern Division. See 28 U.S.C. §§ 1631,
2241(d). The Clerk will also serve a copy of this Order upon McEvoy and upon the
California Attorney General.
Dated: February 27, 2026
______________________________
Honorable Andrew G. Schopler
United States District Judge
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