Jenkins v. Yavapai Superior Courts

Filing 3

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)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JAMES EDWARD JENKINS, 12 13 14 15 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. 16 17 Petitioner, a state prisoner proceeding pro se, has filed a habeas corpus action 18 pursuant to 28 U.S.C. ' 2254, together with a request to proceed in forma pauperis 19 pursuant to 28 U.S.C. ' 1915. 20 The federal venue statute requires that a civil action, other than one based on 21 diversity jurisdiction, be brought only in “(1) a judicial district where any defendant 22 resides, if all defendants reside in the same state, (2) a judicial district in which a 23 substantial part of the events or omissions giving rise to the claim occurred, or a 24 substantial part of the property that is the subject of the action is situated, or (3) a judicial 25 district in which any defendant may be found, if there is no district in which the action 26 may otherwise be brought.” 28 U.S.C. § 1391(b). 27 Venue for a habeas action is proper in either the district of confinement or the 28 district of conviction. 28 U.S.C. § 2241(d). The district court for the district wherein such 1 1 an application is filed may, in the exercise of its discretion and in furtherance of justice, 2 transfer the application to the other district court for hearing and determination. Id. 3 It is preferable for petitions challenging a conviction or sentence to be heard in the 4 district of conviction and for petitions challenging the manner in which the sentence is 5 being executed to be heard in the district of confinement. Dunne v. Henman, 875 F.2d 6 244, 249 (9th Cir. 1989). In this case, it appears that Petitioner is challenging a 7 conviction from Yavapai County, which is in the District of Arizona. Therefore, the 8 petition should have been filed in the United States District Court for the District of 9 Arizona. 10 11 Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the United States District Court for the District of Arizona. 12 13 14 IT IS SO ORDERED. Dated: January 9, 2018 /s/ 15 Michael J. Seng UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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