(HC) Johnson v. On Habeas Corpus
Filing
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ORDER, signed by Magistrate Judge Sheila K. Oberto on 10/15/2020. CASE TRANSFERRRED to SACRAMENTO Division. New Case Number 2:20-cv-2060 GGH (HC). Old Case Number 1:20-cv-1453 SKO (HC). (Martin-Gill, S)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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BYRON JOHNSON,
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No. 1:20-cv-01453-SKO (HC)
Petitioner,
v.
U.S.D.C. EASTERN DIST. OF CA.,
FRESNO,
ORDER TRANSFERRING CASE TO THE
SACRAMENTO DIVISION OF THE UNITED
STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF CALIFORNIA
Respondent.
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Petitioner Byron Johnson is a state prisoner proceeding pro se with a petition for writ of
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habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner states he was sentenced in 1986 in the
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Los Angeles County Superior Court to a term of 29 years and 4 months. (Doc. 1 at 4.) He states
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he was also sentenced in 1994 in this Court to a federal term of 4 years to be served consecutively
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to the state term. (Doc. 1 at 4.) However, Petitioner is not challenging the imposition of either
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sentence. He instead challenges the manner in which his sentences are being executed.
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Petitioner claims he completed his state sentence in March of 2016 and has been held in
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state custody since then. (Doc. 1 at 4.) Because his 4-year federal sentence was to run
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consecutively to his state sentence and he has been held in custody for over 4 years beyond
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completion of his state sentence, he claims he has completed the consecutive federal term and
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should be released from custody. (Doc. 1 at 4-5.) He states the California Department of
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Corrections and Rehabilitation (“CDCR”) “still ha[s] an active Federal warrant hold on [him] and
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will not release [him]” even though he has completed the federal sentence. (Doc. 1 at 5.) He asks
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the Court to “contact the [CDCR] and have them lift [the] Federal custody hold.” (Doc. 1 at 5.)
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DISCUSSION
A habeas petition may be filed in the United States District Court for either the judicial
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district in which the petitioner is presently confined or the judicial district in which he was
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convicted and sentenced. See 28 U.S.C. § 2241(d); Braden v. 30th Judicial District Court, 410
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U.S. 484, 497, 93 S. Ct. 1123, 1131 (1973). Petitioner was convicted and sentenced on his state
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conviction in the Los Angeles County Superior Court, which is located in the Central District. He
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was convicted and sentenced on his federal conviction in the Fresno Division of the Eastern
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District. He is confined at California Medical Facility, Vacaville (“CMF”). (Doc. 1 at 1); CDCR
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Inmate Locator, https://inmatelocator.cdcr.ca.gov/. CMF is in the Sacramento Division of the
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Eastern District of California. See CDCR Facility Locator, https://www.cdcr.ca.gov/facility-
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locator/cmf/ (stating CMF is located in Solano County); 28 U.S.C. § 84(b) (stating that Solano
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County is in the Eastern District of California).
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In general, when a habeas petitioner is challenging his underlying sentence or conviction,
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the judicial district in which the petitioner was convicted and sentenced is the preferred forum
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because of the accessibility of evidence, records, and witnesses in that forum. See Laue v. Nelson,
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279 F. Supp. 265, 266 (N.D. Cal. 1968). Here, Petitioner is challenging the manner in which his
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sentence is being executed. Because Petitioner is confined in Solano County and Solano County
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lies in the Sacramento Division of the Eastern District, the Sacramento Division is the preferable
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forum to consider the petition. See Dunne v. Henman, 875 F.2d 244, 249 (9th Cir. 1989) (“The
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proper forum to challenge the execution of a sentence is the district court where the prisoner is
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confined.”); Bell v. California, No. 17-01023, 2017 U.S. Dist. LEXIS 123722 at *2 (E.D. Cal.
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Aug. 3, 2017) (“It is preferable for petitions challenging a conviction or sentence to be heard in
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the district of conviction and for petitions challenging the manner in which the sentence is being
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executed to be heard in the district of confinement.”); Local Rule 120(d) (stating civil
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proceedings arising in Solano County shall be commenced in the Sacramento Division of the
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Eastern District).
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CONCLUSION
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For these reasons, the Court finds that transferring this action to the Sacramento Division
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of the Eastern District of California is in the interests of justice. See 28 U.S.C. § 1406(a)
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(authorizing federal court to transfer a case to the appropriate district court in the interests of
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justice).
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Accordingly, IT IS ORDERED that the Clerk of the Court transfer this case to the
Sacramento Division of the United States District Court for the Eastern District of California.
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IT IS SO ORDERED.
Dated:
October 15, 2020
/s/
Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE
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