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