Brown v. Johnson

Filing 3

ORDER Transferring Case back to Eastern District for Further Consideration, signed by District Judge T.S. Ellis, III on 3/3/16. **CASE REOPENED** (Gonzalez, R)

Case 1:15-cv-01610-TSE-IDD Document 7 Filed 03/03/16 Page 1 of 2 PageID# 34

IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF VIRGINIA
Alexandria Division

Joseph Anthony Brown,

)

Petitioner,

)
)
)
)
)

V.

B. J. Johnson,
Respondent.

l:15cvl610 (TSE/IDD)

)
ORDER

Joseph Anthony Brovra, a federal inmate proceeding pro se who is currently housed at
PCI Lewisburg, Pennsylvania, originally filed this petitionfor a writ of habeas corpuspursuantto
28 U.S.C. § 2241 in the UnitedStatesDistrict Court for the Eastern Districtof California. By an
Order dated December 3,2015, the District Court for the Eastem District of California

transferred the matter to the Eastem District of Virginia. (Dkt. No. 2) Because it appears that the

transferto this districtwas inappropriate, the case will be returned to the Eastem District of
California for its further consideration.

In the Order TransferringCase, the California court stated that petitioner is a state

prisoner seeking to challenge a conviction entered in"Richmond County" inthe Eastem District
of Virginia. (Dkt. No. 2 at p. 1) It is true that onpage 2 of the petition, petitioner makes the

patently mistaken assertion that his detention derives from a conviction ofmalicious wounding
entered in 2001 in the "U.S. District Court, Richmond, VA (4th Circuit)" for which he received a

three-year sentence.' However, the substantive grounds upon which petitioner seeks habeas

reliefpertain toa federal conviction entered in Case No. 1:08-CR-347 LJO inthe Eastem District
ofCalifornia where petitioner apparently was found guilty offirst degree murder and sentenced
^Efforts to locate sucha case through online research have proven unsuccessful.

Case 1:15-cv-01610-TSE-IDD Document 7 Filed 03/03/16 Page 2 of 2 PageID# 35

prison.

Pet., Ex. B at p. 2. Specifically, petitioner argues that audio transcripts fi-om the trial

of that cause in July, 2010 confirm that a clerical error was made in the transcript, and that when
the error is corrected it provides "added evidence to show that he is insane" and should be housed
in a mental hospital rather than federal prison. Pet. at p. 3. Attached as exhibits to the petition
are an excerpt of the trial transcript fi-om Case No. 1:08-CR-347 LJO; a letter from a California

psychiatrist submitted to an Assistant Federal Defendant in Fresno, California opining that
petitioner was legally insane when he assaulted his victim; and an Order on Defense Motions
entered in Case No. 1:08-CR-347 LJO on July 6,2010.
In short, this case has no nexus whatever to this district. Petitioner is not confined in the

Eastern District ofVirginia, and the conviction and sentence from which he seeks relief were not
entered in this district Accordingly, the Clerk will be directed to return the matter to the United
States District Court for the Eastern District of California for its fiirther consideration. Thus, it is

hereby
ORDERED that this action is TRANSFERRED to the United States District Court for the

for the Eastern District of California The Clerk of this Court is directed to transfer all pleadings

filed in this case and a copy of the docket sheet to the Clerk ofthe United States District Court
for the for the Eastern District of California; and it is further

ORDERED that petitioner direct all fiiture pleadings in this case to the Clerk's Office for
the United States District Court for the Eastern District of California.

The Clerk is directed to send a copy

Entered this _

Alexandria, Virginia

day of

this Order to petitioner.

2016.

T. S. Ellis, III

United States Eistrict Judge