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

Case 3:08-cv-00855-H-POR

Document 4

Filed 05/16/2008

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 vs. T. FELKER, Warden, Respondent. CURTIS RENEE JACKSON, Petitioner, ORDER TRANSFERRING ACTION TO UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA, EASTERN DIVISION Civil No. 08cv0855-H (POR) UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

Petitioner, a state prisoner proceeding pro se, has filed a petition for a writ of habeas

17 corpus pursuant to 28 U.S.C. § 2254. Petitioner challenges a conviction from the San 18 Bernardino County Superior Court. In accordance with the practice of district courts in 19 California, the Court transfers the Petition to the United States District Court for the Central 20 District of California, Eastern Division. 21 A petition for writ of habeas corpus may be filed in the United States District Court of

22 the judicial district in which the petitioner is presently confined or the judicial district in which 23 he was convicted and sentenced. See 28 U.S.C. § 2241(d); Braden v. 30th Judicial Circuit 24 Court, 410 U.S. 484, 497 (1973). Petitioner here attacks a conviction suffered in the San 25 Bernardino County Superior Court. (Pet. at 1.) That court is located in San Bernardino County, 26 which is within the jurisdictional boundaries of the United States District Court for the Central 27 District of California, Eastern Division. See 28 U.S.C. § 84(c)(1). Petitioner is presently 28 confined at the California Correctional Center in Susanville, California. That prison is located -108cv0855

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Case 3:08-cv-00855-H-POR

Document 4

Filed 05/16/2008

Page 2 of 2

1 in Lassen County, which is within the jurisdictional boundaries of the United States District 2 Court for the Eastern District of California. See 28 U.S.C. § 84(b). Jurisdiction over this 3 Petition thus exists in the Central District, Eastern Division, and in the Eastern District. See 4 28 U.S.C. § 2241(d). 5 Although this Court does not have jurisdiction over the action, "[u]nder a provision of the

6 Federal Courts Improvement Act, 28 U.S.C. § 1631, if a court finds that there is a want of 7 jurisdiction the court shall transfer the action to any other such court in which the action could 8 have been brought `if it is in the interest of justice.'" Miller v. Hambrick, 905 F.2d 259, 262 (9th 9 Cir. 1990) (citing In re McCauley, 814 F.2d 1350, 1351-52 (9th Cir. 1987)). The Ninth Circuit 10 has held that transferring a habeas corpus proceeding to a district with proper jurisdiction will 11 be in the interest of justice because normally dismissal of an action that could be brought 12 elsewhere is "time-consuming and justice-defeating." Miller, 905 F.2d at 262 (quoting 13 Goldlawr, Inc. v. Heiman, 369 U.S. 463, 467 (1962). Therefore, pursuant to 28 U.S.C. § 1631, 14 this Court may transfer this proceeding to a district with proper jurisdiction under 28 U.S.C. 15 § 2241(d). It is generally the practice of the district courts in California to transfer habeas 16 actions challenging a state conviction to the district in which a petitioner was convicted. Any 17 and all records, witnesses and evidence necessary for the resolution of a petitioner's contentions 18 are more readily available in that district. See Braden, 410 U.S. at 497, 499 n.15; Laue v. 19 Nelson, 279 F. Supp. 265, 266 (N.D. Cal. 1968). In this case, that district is the Central District 20 of California, Eastern Division. Therefore, in the furtherance of justice, 21 IT IS ORDERED that the Clerk of this Court transfer this matter to the United States

22 District Court for the Central District of California, Eastern Division. See 28 U.S.C. § 2241(d). 23 IT IS FURTHER ORDERED that the Clerk of this Court serve a copy of this Order

24 upon Petitioner and upon the California Attorney General. 25 DATED: May 16, 2008 26 27
CC: ALL PARTIES

_________________________________________ HON. MARILYN L. HUFF United States District Judge

28 -208cv0855

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