MacKenzie v. Ahlin

Filing 4

ORDER signed by Magistrate Judge Allison Claire on 06/22/15 ordering CASE TRANSFERRED to the U.S. District Court for the Central District of California. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DOUGLAS MACKENZIE,

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No. 2:15-cv-01254 AC P

Petitioner,
v.

ORDER

PAM AHLIN, Director, California State
Hospitals,
Respondent.

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Petitioner proceeds pro se with an application to proceed in forma pauperis and a petition

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for writ of habeas corpus under 28 U.S.C. § 2241. Petitioner, who is currently detained at

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Coalinga State Hospital, is challenging civil detention proceedings under California’s Sexually

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Violent Predator Act that are currently pending against him in Orange County, California.

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Petitioner states that federal authorities have suspended his deportation proceedings pending the

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conclusion of these state proceedings.

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Petitioner’s place of detention is within the jurisdiction of this court’s Fresno division.

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However, petitioner is attempting to challenge proceedings that are pending in Orange County,

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which is within the jurisdiction of the United States District Court for the Central District of

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California. Because witnesses and evidence necessary for the resolution of petitioner’s

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application are more readily available in Orange County, this action will be transferred to the
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Central District. See 28 U.S.C. § 2241(d) (courts with concurrent jurisdiction under Section 2241

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may transfer the action to the alternate jurisdiction “in furtherance of justice”); see also Braden v.

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30th Judicial Circuit Court, 410 U.S. 484, 499 n.15 (1973) (the most convenient forum is

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generally the district in which petitioner’s detainer was lodged).

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Accordingly, in furtherance of justice, IT IS HEREBY ORDERED that:

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1. This court has not ruled on petitioner’s application to proceed in forma pauperis; and

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2. This matter is transferred to the United States District Court for the Central District of

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California.

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DATED: June 22, 2015

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