Free Case Transferred Out to Another District - District Court of California - California

Case 3:08-cv-01440-BTM-BLM

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Filed 08/19/2008

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UNITED STATES DISTRICT COURT
Southern District of California Office Of The Clerk 880 Front Street, Room 4290 San Diego, California 92101-8900 Phone: (619) 557-5600 Fax: (619) 702-9900 W. Samuel Hamrick, Jr., Clerk of Court August 20, 2008 Clerk, U.S. District Court Central California, Eastern Division 3470 Twelfth Street Riverside, CA 92501 Re: Micah Kelley v. Robert J Hernandez, Case No. 3:08-cv-01440-BTM-BLM Dear Sir or Madam: Pursuant to Order transferring the above-entitled action to your District, we are electronically transmitting herewith our entire original file.

Sincerely yours, W. Samuel Hamrick, Jr., Clerk of the Court By: s/ V. Trujillo, Deputy Clerk Copy to Attorney for Plaintiffs: Copy to Attorney for Defendants:

Case 3:08-cv-01440-BTM-BLM

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Petitioner is a state prisoner proceeding pro se with a habeas corpus action filed pursuant vs. ROBERT J. HERNANDEZ, Warden, Respondent. MICAH KELLEY, Petitioner, ORDER TRANSFERRING ACTION TO UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA, EASTERN DIVISION Civil No. 08-01440 BTM (BLM) UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

18 to 28 U.S.C. § 2254. Upon reviewing the petition, the Court finds that this case should be 19 transferred in the interest of justice. 20 A petition for writ of habeas corpus may be filed in the United States District Court of

21 either the judicial district in which the petitioner is presently confined or the judicial district in 22 which he was convicted and sentenced. See 28 U.S.C. § 2241(d); Braden v. 30th Judicial 23 Circuit Court, 410 U.S. 484, 497 (1973). The application in the present matter attacks a 24 judgment of conviction that was entered in the San Bernadino Superior Court, which is within 25 the jurisdictional boundaries of the United States District Court for the Central District of 26 California, Eastern Division. 28 U.S.C. § 84(c)(1). Petitioner is presently confined at Richard 27 J. Donovan Correctional Facility in San Diego, California, located in San Diego County, which 28 is within the jurisdictional boundaries of the United States District Court for the Southern -108cv1440

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Case 3:08-cv-01440-BTM-BLM

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Filed 08/19/2008

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1 District of California. 28 U.S.C. § 84(d). Thus, jurisdiction exists in both the Central and 2 Southern Districts. 3 When a habeas petitioner is challenging a judgment of conviction, the district court of the

4 district in which the judgment of conviction was entered is a more convenient forum because of 5 the accessibility of evidence, records and witnesses. Thus, it is generally the practice of the 6 district courts in California to transfer habeas actions questioning judgments of conviction to the 7 district in which the judgment was entered. Any and all records, witnesses and evidence 8 necessary for the resolution of Petitioner's contentions are available in San Bernadino County. 9 See Braden, 410 U.S. at 497, 499 n.15 (stating that a court can, of course, transfer habeas cases 10 to the district of conviction which is ordinarily a more convenient forum); Laue v. Nelson, 279 11 F. Supp. 265, 266 (N.D. Cal. 1968). 12 Therefore, in the furtherance of justice, IT IS ORDERED that the Clerk of this Court

13 transfer this matter to the United States District Court for the Central District of California, 14 Eastern Division. See 28 U.S.C. § 2241(d). IT IS FURTHER ORDERED that the Clerk of 15 this Court serve a copy of this Order upon Petitioner and upon the California Attorney General. 16 17 18 DATED: August 15, 2008 19 20 21 22 23 24 25 26 27 28 -208cv1440

Honorable Barry Ted Moskowitz United States District Judge

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