Jenkins v. Yavapai County Superior Court
Filing
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ORDER TRANSFERRING CASE to the United States District Court for the District of Arizona signed by Magistrate Judge Michael J. Seng on 1/9/2018. (Sant Agata, S) [Transferred from caed on 1/11/2018.]
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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JAMES EDWARD JENKINS,
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1:18-cv-00031-MJS (HC)
Petitioner,
ORDER TRANSFERRING CASE TO THE
UNITED STATES DISTRICT COURT FOR
THE DISTRICT OF ARIZONA
v.
YAVAPAI SUPERIOR COURTS,
Respondent.
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Petitioner, a state prisoner proceeding pro se, has filed a habeas corpus action
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pursuant to 28 U.S.C. ' 2254, together with a request to proceed in forma pauperis
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pursuant to 28 U.S.C. ' 1915.
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The federal venue statute requires that a civil action, other than one based on
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diversity jurisdiction, be brought only in “(1) a judicial district where any defendant
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resides, if all defendants reside in the same state, (2) a judicial district in which a
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substantial part of the events or omissions giving rise to the claim occurred, or a
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substantial part of the property that is the subject of the action is situated, or (3) a judicial
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district in which any defendant may be found, if there is no district in which the action
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may otherwise be brought.” 28 U.S.C. § 1391(b).
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Venue for a habeas action is proper in either the district of confinement or the
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district of conviction. 28 U.S.C. § 2241(d). The district court for the district wherein such
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an application is filed may, in the exercise of its discretion and in furtherance of justice,
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transfer the application to the other district court for hearing and determination. Id.
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It is preferable for petitions challenging a conviction or sentence to be heard in the
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district of conviction and for petitions challenging the manner in which the sentence is
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being executed to be heard in the district of confinement. Dunne v. Henman, 875 F.2d
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244, 249 (9th Cir. 1989). In this case, it appears that Petitioner is challenging a
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conviction from Yavapai County, which is in the District of Arizona. Therefore, the
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petition should have been filed in the United States District Court for the District of
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Arizona.
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Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the
United States District Court for the District of Arizona.
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IT IS SO ORDERED.
Dated:
January 9, 2018
/s/
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Michael J. Seng
UNITED STATES MAGISTRATE JUDGE
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