(HC) Carranza v. Lynch

Filing 2

ORDER signed by Magistrate Judge Helena M. Barch-Kuchta on 2/17/2021, CASE TRANSFERRRED to Sacramento Division Division. New Case Number 2:21-cv-00304-KJN-(HC). Old Case Number 1:20-cv-00175-HBK-(HC).(Lundstrom, T)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DANIEL CARRANZA, 12 13 14 Petitioner, v. JEFF LYNCH, 15 Case No. 1:21-cv-00175-HBK ORDER TRANSFERRING CASE TO THE SACRAMENTO DIVISION OF THE EASTERN DISTRICT OF CALIFORNIA (Doc. No. 1) Respondent. 16 17 18 19 20 Petitioner Daniel Carranza is proceeding pro se on his petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. (Doc. No. 1). Petitioner is incarcerated in Sacramento County and challenges his state sentence and conviction entered by the Superior Court of Solano County. 21 22 23 24 Both Petitioner’s place of incarceration and place of conviction are located within the jurisdiction and venue of the Sacramento Division of the United States District Court for the Eastern District of California. 25 Under 28 U.S.C. § 2241(d), jurisdiction is proper in the judicial district where the petitioner 26 was convicted or where the petitioner is incarcerated. Therefore, the Sacramento Division of the 27 28 Eastern District has jurisdiction over the case. See 28 U.S.C. § 2241(d); Rumsfeld v. Padilla, 542 1 U.S. 426, 428 (2004). “For the convenience of parties and witnesses, in the interest of justice, a 2 district court may transfer any civil action to any other district or division where it might have been 3 brought.” 28 U.S.C. § 1404(a). Thus, the Court finds in its discretion “and in furtherance of justice” 4 the petition should be transferred to the Sacramento Division of the Eastern District of California. 5 6 28 U.S.C. §§ 1404(a), 2241(d). Accordingly: 7 8 1. The Clerk shall transfer this action to the United States District Court for the Eastern 9 District of California, Sacramento Division; and 10 2. All future filings shall reference the new case number assigned and shall be filed at: 11 United States District Court Eastern District of California Sacramento Division 501 I St., #4200 Sacramento, CA 95814 12 13 14 15 IT IS SO ORDERED. 16 17 18 Dated: February 17, 2021 HELENA M. BARCH-KUCHTA UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28 2

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