(HC) Musselman v. Montgomery

Filing 3

ORDER TRANSFERRING Case to the Central District of California, signed by Magistrate Judge Helena M. Barch-Kuchta on 4/1/2021. CASE CLOSED. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANTHONY CHRISTOPHER
MUSSELMAN,
Petitioner,

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v.

Case No. 1:21-cv-00510-HBK
ORDER TRANSFERRING CASE TO THE
CENTRAL DISTRICT OF CALIFORNIA
(Doc. No. 1)

W.L. MONTGOMERY,
Respondent.

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Petitioner is proceeding on his petition for writ of habeas corpus filed pursuant to 28 U.S.C.

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§ 2254. (Doc. No. 1). Petitioner, a prisoner incarcerated in Imperial County, which is located

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within the jurisdiction and venue of the U.S. District Court for the Southern District of California,

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El Centro Division, challenges his December 18, 2019 state sentence and conviction entered by the

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San Bernardino County Superior Court, which is located within the jurisdiction and venue of the

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United States District Court for the Central District of California, Eastern Division.

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Under 28 U.S.C. § 2241(d), jurisdiction is proper in the judicial district where the petitioner

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was convicted or where the petitioner is incarcerated. Therefore, both the Southern District of

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California and the Central District of California have concurrent jurisdiction. See 28 U.S.C. §

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2241(d); Rumsfeld v. Padilla, 542 U.S. 426, 428 (2004). However, “[f]or the convenience of parties

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and witnesses, in the interest of justice, a district court may transfer any civil action to any other

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district or division where it might have been brought.” 28 U.S.C. § 1404(a). Federal courts in

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California generally hear petitions for writ of habeas corpus in the district of conviction. Favor v.

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California, No. 116-CV-01912-DAD-EPG-HC, 2017 WL 2671006, at *1 (E.D. Cal. June 21, 2017)

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(citing Laue v. Nelson, 279 F. Supp. 265, 266 (N.D. Cal. 1968).
Thus, the court finds in its discretion “and in furtherance of justice” the petition should be

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transferred to the Central District of California. 28 U.S.C. §§ 1404(a), 2241(d).

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Accordingly,

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1. The clerk shall transfer this action to the United States District Court for the Central

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District of California, Eastern Division; and

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2. All future filings shall reference the new case number assigned and shall be filed at:

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United States District Court
Central District of California
Eastern Division
3470 Twelfth Street
Riverside, CA 92501-3801

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IT IS SO ORDERED.

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Dated:

April 1, 2021
HELENA M. BARCH-KUCHTA
UNITED STATES MAGISTRATE JUDGE

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