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

Case 3:08-cv-00955-JLS-WMC

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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 June 5, 2008 Clerk, U.S. District Court Eastern District of California 501 I Street Sacramento. CA 95814-7300 Re: Kenneth Michael Ferguson v. D K Sisto, Case No. 3:08-cv-00955-JLS-WMC 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:

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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 18 to 28 U.S.C.A. § 2254 (West Supp. 2007). Upon reviewing the petition, the Court finds that this 19 case should be 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). Petitioner is presently confined at California State 24 Prison, located in Solano County, which is within the jurisdictional boundaries of the United 25 States District Court for the Eastern District of California. See 28 U.S.C. § 84(b). Petitioner's 26 is challenging a determination by the Board of Prison Terms which occurred in Solano County, 27 thus also within the jurisdiction of the United States District Court for the Eastern District of 28 -108cv0955

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

KENNETH MICHAEL FERGUSON, Petitioner, vs. D. K SISTO, Warden Respondent.

Civil No.

08-0955 JLS (WMc)

ORDER TRANSFERRING ACTION TO UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

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1 California. See id. Therefore, jurisdiction exists in the Eastern District, not in the Southern 2 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 parole determination, the district court of the

15 district in which the hearing and determination took place is a more convenient forum because 16 of the accessibility of evidence, records and witnesses. Thus, it is generally the practice of the 17 district courts in California to transfer habeas actions questioning parole determinations to the 18 district in which the hearing took place. Any and all records, witnesses and evidence necessary 19 for the resolution of Petitioner's contentions are more readily available in Solano County. See 20 Braden, 410 U.S. at 497, 499 n.15 (stating that a court can, of course, transfer habeas cases to 21 the district of conviction which is ordinarily a more convenient forum). Therefore, in the 22 furtherance of justice, 23 IT IS ORDERED that the Clerk of this Court transfer this matter to the United States

24 District Court for the Eastern District of California. See 28 U.S.C. § 2241(d). 25 / / / 26 / / / 27 / / / 28 / / / -208cv0955

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1

IT IS FURTHER ORDERED that the Clerk of this Court serve a copy of this Order

2 upon Petitioner and upon the California Attorney General. 3 DATED: June 5, 2008 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -308cv0955

Honorable Janis L. Sammartino United States District Judge

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