Ayala v. Price

Filing 2

ORDER Transferring Case to the United States District Court for the Central District of California, signed by Magistrate Judge Michael J. Seng on 6/20/17. (Gonzalez, R)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 HECTOR AYALA, 12 13 14 15 1:17-cv-00803-MJS (HC) Petitioner, ORDER TRANSFERRING CASE TO THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA v. BRANDON PRICE, Respondent. 16 17 18 Petitioner is a civil detainee proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. ' 2254. 19 The federal venue statute requires that a civil action, other than one based on 20 diversity jurisdiction, be brought only in “(1) a judicial district where any defendant 21 resides, if all defendants reside in the same state, (2) a judicial district in which a 22 substantial part of the events or omissions giving rise to the claim occurred, or a 23 substantial part of the property that is the subject of the action is situated, or (3) a judicial 24 district in which any defendant may be found, if there is no district in which the action 25 may otherwise be brought.” 28 U.S.C. § 1391(b). 26 Venue for a habeas action is proper in either the district of confinement or the 27 district of conviction. 28 U.S.C. § 2241(d). The district court for the district wherein such 28 an application is filed may, in the exercise of its discretion and in furtherance of justice, 1 1 transfer the application to the other district court for hearing and determination. Id. 2 It is preferable for petitions challenging a conviction or sentence to be heard in the 3 district of conviction and for petitions challenging the manner in which the sentence is 4 being executed to be heard in the district of confinement. Dunne v. Henman, 875 F.2d 5 244, 249 (9th Cir. 1989). In this case, it appears that Petitioner is challenging a 6 conviction from San Bernardino County, which is in the Central District of California. See 7 28 U.S.C. § 84. Therefore, the petition should have been filed in the United States 8 District Court for the Central District of California. In the interest of justice, the petition will 9 be transferred to the United States District Court for the Central District of California. 28 10 11 12 U.S.C. §§ 1404(a) and 2241(d). Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the United States District Court for the Central District of California. 13 14 15 IT IS SO ORDERED. Dated: June 20, 2017 /s/ 16 Michael J. Seng UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 2

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