Ortiz v. Pennywell
Filing
7
ORDER Transferring Case to the United States District Court for the Central District of California, signed by Magistrate Judge Michael J. Seng on 1/22/13. CASE TRANSFERRED. (Verduzco, M)
1
2
3
4
5
6
7
8
IN THE UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11
EDGAR ORTIZ,
Petitioner,
12
13
14
1:12-cv-02037-MJS (HC)
ORDER TRANSFERRING CASE TO THE
UNITED STATES DISTRICT COURT FOR
THE CENTRAL DISTRICT OF
CALIFORNIA
v.
SANDRA R. PENNYWELL,
15
Respondent.
16
/
17
18
19
20
Petitioner, a state prisoner proceeding pro se, has filed a habeas corpus action
pursuant to 28 U.S.C. § 2254.
21
The federal venue statute requires that a civil action, other than one based on diversity
22
jurisdiction, be brought only in "(1) a judicial district where any defendant resides, if all
23
defendants reside in the same state, (2) a judicial district in which a substantial part of the
24
events or omissions giving rise to the claim occurred, or a substantial part of the property that
25
is the subject of the action is situated, or (3) a judicial district in which any defendant may be
26
found, if there is no district in which the action may otherwise be brought." 28 U.S.C. §
27
1391(b).
28
However, venue for a habeas action is proper in either the district of confinement or the
-1-
1
district of conviction. 28 U.S.C. § 2241(d). The district court for the district wherein such an
2
application is filed in the exercise of its discretion and in furtherance of justice may transfer the
3
application to the other district court for hearing and determination. Id.
4
It is preferable for petitions challenging a conviction or sentence to be heard in the
5
district of conviction while petitions challenging the manner in which the sentence is being
6
executed be heard in the district of confinement. Dunne v. Henman, 875 F.2d 244, 249 (9th
7
Cir. 1989). In this case, Petitioner is challenging terms of his sentencing and conviction from
8
Los Angeles County, California. As Los Angeles County is located in the Central District of
9
California, the Central District of California is the district of conviction. In the interest of justice,
10
the petition will be transferred to the United States District Court for the Central District of
11
California. 28 U.S.C. §§ 1404(a) and 2241(d).
Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the United
12
13
States District Court for the Cental District of California.
14
15
IT IS SO ORDERED.
16
Dated:
ci4d6
January 22, 2013
Michael J. Seng
/s/
UNITED STATES MAGISTRATE JUDGE
17
18
19
20
21
22
23
24
25
26
27
28
-2-
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?