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

Case 3:08-cv-01069-JM-POR

Document 2

Filed 06/27/2008

Page 1 of 1

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 June 30, 2008 Clerk, U.S. District Court Central District of California, Southern Division 411 West Fourth Street Room 1053 Santa Ana, CA 92701-4516 Re: An Quoc Nguyen v. James Tilton, Case No. 3:08-cv-01069-JM-POR 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/ M. Zvers, Deputy Clerk Copy to Attorney for Plaintiffs: Copy to Attorney for Defendants:

Case 3:08-cv-01069-JM-POR

Document 2-2

Filed 06/27/2008

Page 1 of 3

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Petitioner is a state prisoner proceeding with a habeas corpus action filed pursuant to vs. JAMES TILTON, Secretary, et al., Respondents. Petitioner, ORDER TRANSFERRING ACTION TO UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA, SOUTHERN DIVISION AN QUOC NGUYEN, Civil No. 08-1069 JM (POR) UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

18 28 U.S.C. § 2254 attacking a conviction from the Superior Court of Orange County, California. 19 Upon reviewing the petition, the Court finds that this case should be transferred in the interest 20 of justice. 21 A petition for writ of habeas corpus may be filed in the United States District Court of

22 either the judicial district in which the petitioner is presently confined or the judicial district in 23 which he was convicted and sentenced. See 28 U.S.C. § 2241(d); Braden v. 30th Judicial 24 Circuit Court, 410 U.S. 484, 497 (1973). The application in the present matter attacks a 25 conviction in the Superior Court of Orange County, California, which is within the jurisdictional 26 boundaries of the United States District Court for the Central District, Southern 27 Division. See 28 U.S.C. § 84(c)(3). Moreover, Petitioner is presently confined at Kern Valley 28 State Prison, which is located in Kern County and is within the jurisdictional boundaries of the

K:\COMMON\CHMB_MIL\__SIGNED ORDERS\6 27 2008\08cv1059-transfer_6 27 2008.wpd, 6278

-1-

08cv1069

Case 3:08-cv-01069-JM-POR

Document 2-2

Filed 06/27/2008

Page 2 of 3

1 United States District Court for the Eastern District of California. See 28 U.S.C. § 84(b). Thus, 2 jurisdiction exists in the Central or Eastern District; and not in the Southern District. 3 Although this Court does not have jurisdiction over the action, "[u]nder a provision of the

4 Federal Courts Improvement Act, 28 U.S.C. § 1631, if a court finds that there is a want of 5 jurisdiction the court shall transfer the action to any other such court in which the action could 6 have been brought `if it is in the interest of justice.'" Miller v. Hambrick, 905 F.2d 259, 262 (9th 7 Cir. 1990) (citing In re McCauley, 814 F.2d 1350, 1351-52 (9th Cir. 1987)). The Ninth Circuit 8 has held that transferring a habeas corpus proceeding to a district with proper jurisdiction will 9 be in the interest of justice because normally dismissal of an action that could be brought 10 elsewhere is "time-consuming and justice-defeating." Miller, 905 F.2d at 262 (quoting 11 Goldlawr, Inc. v. Heiman, 369 U.S. 463, 467 (1962). Therefore, pursuant to 28 U.S.C. § 1631, 12 this Court may transfer this proceeding to a district with proper jurisdiction under 28 U.S.C. 13 § 2241(d). 14 When a habeas petitioner is challenging a state conviction, the district court of the district

15 in which a petitioner was convicted and sentenced is a more convenient forum because of the 16 accessibility of evidence, records and witnesses. Thus, it is generally the practice of the district 17 courts in California to transfer habeas actions challenging a state conviction to the district in 18 which the Petitioner was convicted. Any and all records, witnesses and evidence necessary for 19 the resolution of Petitioner's contentions are more readily available in Orange County, which 20 is thus a more convenient forum. See Braden, 410 U.S. at 497, 499 n.15 (stating that a court can, 21 of course, transfer habeas cases to the district of conviction which is ordinarily a more 22 convenient forum); Laue v. Nelson, 279 F. Supp. 265, 266 (N.D. Cal. 1968). 23 Therefore, in the furtherance of justice, IT IS ORDERED that the Clerk of this Court

24 transfer this matter to the United States District Court for the Central District of California, 25 / / / 26 / / / 27 / / / 28 / / /

K:\COMMON\CHMB_MIL\__SIGNED ORDERS\6 27 2008\08cv1059-transfer_6 27 2008.wpd, 6278

-2-

08cv1069

Case 3:08-cv-01069-JM-POR

Document 2-2

Filed 06/27/2008

Page 3 of 3

1

Southern Division. See 28 U.S.C. § 2241(d). IT IS FURTHER ORDERED that the Clerk

2 of this Court serve a copy of this Order upon Petitioner and upon the California Attorney 3 General. 4 DATED: June 27, 2008 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Hon. Jeffrey T. Miller United States District Judge

K:\COMMON\CHMB_MIL\__SIGNED ORDERS\6 27 2008\08cv1059-transfer_6 27 2008.wpd, 6278

-3-

08cv1069