Davenport v. Haviland

Filing 5

ORDER by Judge John F. Walter Transferring Action to United States District Court for the Eastern District of California. (CV-22 electronically sent to receiving USDC) (Made JS-6. Case Terminated.) (Attachments: # 1 Transmittal Letter (CV-22)) (ad) [Transferred from cacd on 4/6/2009.]

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 vs. JOHN W. HAVILAND, Respondent. KEVIN DAVENPORT, Petitioner, ) ) ) ) ) ) ) ) ) ) Case No. CV 09-01948-JFW (OP) ORDER TRANSFERRING ACTION TO UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA On March 23, 2009, Kevin Davenport ("Petitioner"), filed the current Petition for Writ of Habeas Corpus by a Person in State Custody pursuant to 28 U.S.C. § 2254 ("Petition"). Petitioner also filed a Motion for Stay and Abeyance pending exhaustion of certain claims for relief contained in the Petition. A petition for writ of habeas corpus may be filed in the United States District Court of either the judicial district in which the petitioner is presently confined or the judicial district in which he was convicted and sentenced. See 28 U.S.C. § 2241(d). Petitioner presently is confined at the California State Prison Solano in Vacaville, California, which is located in Solano County. Solano County is located within the jurisdictional boundaries of the Eastern District of California. See 28 U.S.C. § 84(b). Moreover, it appears from the face of the Petition that Petitioner is challenging a conviction sustained in the Kern County Superior Court. 1 1 (Pet. at 2.) Kern County is also located within the Eastern District of California. 2 See 28 U.S.C. § 84(b). 3 5 Accordingly, while the Petition could properly have been filed in the Eastern When a habeas petitioner is challenging his underlying conviction or 4 District of California, it was not properly filed in the Central District of California. 6 sentence, the district court for the district in which the petitioner was convicted and 7 sentenced is a more convenient forum because of the accessibility of evidence, 8 records and witnesses. As a result, it generally is the practice of the district courts 9 in California to transfer habeas actions questioning state convictions/sentences to 10 the district in which the petitioner was convicted and sentenced. Here, since 11 Petitioner was convicted and sentenced in the Eastern District of California, any 12 and all records, witnesses and evidence necessary for the resolution of Petitioner's 13 contentions are more readily available in Kern County. See Laue v. Nelson, 279 F. 14 Supp. 265, 266 (N.D. Cal. 1968). Therefore, in furtherance of the interest of 1 5 justice, 16 IT IS ORDERED that the Clerk of this Court transfer this matter to the 17 United States District Court for the Eastern District of California. See 28 U.S.C. § 18 2241(d). 19 21 22 DATED: April 3, 2009 23 24 25 26 28 2 Presented by: HONORABLE JOHN F. WALTER United States District Judge IT IS FURTHER ORDERED that the Clerk of this Court serve a copy of 20 this Order upon Petitioner and upon the California Attorney General. HONORABLE OSWALD PARADA 27 United States Magistrate Judge CLEAR FORM NOTICE PARTY SERVICE LIST Case No. 2:09-cv-01948-JFW-OP Case Title Kevin Davenport v. John W. Haviland Title of Document ORDER REQUIRING RESPONSE TO PETITION ADR BAP (Bankruptcy Appellate Panel) BOP (Bureau of Prisons) CA St Pub Defender (Calif. State PD) CAAG (California Attorney General's Office Keith H. Borjon, L.A. Death Penalty Coordinator) US Attorneys Office - Civil Division -L.A. US Attorneys Office - Civil Division - S.A. US Attorneys Office - Criminal Division -L.A. US Attorneys Office - Criminal Division -S.A. US Bankruptcy Court US Marshal Service - Los Angeles (USMLA) US Marshal Service - Riverside (USMED) US Marshal Service -Santa Ana (USMSA) US Probation Office (USPO) US Trustee's Office Warden, San Quentin State Prison, CA ADD NEW NOTICE PARTY (if sending by fax, mailing address must also be provided) Name: Firm: Case Asgmt Admin (Case Assignment Administrator) Chief Deputy Admin Chief Deputy Ops Clerk of Court Death Penalty H/C (Law Clerks) Dep In Chg E Div Dep In Chg So Div Federal Public Defender Fiscal Section Intake Section, Criminal LA Intake Section, Criminal SA Intake Supervisor, Civil MDL Panel Ninth Circuit Court of Appeal PIA Clerk - Los Angeles (PIALA) PIA Clerk - Riverside (PIAED) PIA Clerk - Santa Ana (PIASA) PSA - Los Angeles (PSALA) PSA - Riverside (PSAED) PSA - Santa Ana (PSASA) Schnack, Randall (CJA Supervising Attorney) Statistics Clerk G-75 (08/08) Office of the Attorney General, State of California, Head of the Criminal Division 300 S. Spring Street, Address (include suite or floor): Suite 500, Los Angeles, CA 90013 *E-mail: *Fax No.: * For CIVIL cases only JUDGE / MAGISTRATE JUDGE (list below): Initials of Deputy Clerk jh-R NOTICE PARTY SERVICE LIST

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