Bonilla v. Sacramento County et al

Filing 3

ORDER signed by Magistrate Judge Edmund F. Brennan on 2/20/2018 ORDERING CASE TRANSFERRED to the U.S. District Court for the Northern District of California. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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STEVEN WAYNE BONILLA,

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Petitioner,

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No. 2:18-cv-0260-EFB P

v.

ORDER

SACRAMENTO COUNTY, et al.,

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Respondents.

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Petitioner is a state prisoner without counsel seeking a writ of habeas corpus pursuant to

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28 U.S.C. § 2254. See ECF No. 1 at 3 (requesting “immediate release” from custody on grounds

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that his “conviction is void.”). He is incarcerated at San Quentin State Prison in Marin County.

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He is serving a sentence for a conviction rendered by the Alameda County Superior Court. Id. at

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23 n. 1. The general rule with regard to habeas applications is that both the United States District

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Court in the district where petitioner was convicted and the District Court where petitioner is

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incarcerated have jurisdiction over the claims. See Braden v. 30th Judicial Circuit Court, 410

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U.S. 484 (1973). In the instant case, both petitioner’s conviction and his place of incarceration

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occurred in an area covered by the District Court for the Northern District of California.

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Accordingly, in the furtherance of justice, IT IS HEREBY ORDERED that this matter is

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transferred to the United States District Court for the Northern District of California. 28 U.S.C.

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§§ 1406(a), 2241(d).

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DATED: February 20, 2018.

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