v. Harris

Filing 39

REQUEST FOR BRIEFING RE VENUE. Signed by Judge Alsup on 6/23/2014. (whalc3, COURT STAFF) (Filed on 6/23/2014)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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MICHAEL RAY HARRIS,

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For the Northern District of California

United States District Court

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Petitioner,

No. C 11-80261 WHA

v.

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RANDY TEWS, Warden and THOMAS R.
KANE, Acting Director,

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Respondents.

REQUEST FOR BRIEFING
RE VENUE

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In its response to the Section 2241 petition, the government argues that the petition

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should be transferred to the United States District Court for the Central District of California “for

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hearing and determination” in “the interests of justice” if a hearing is held. Section 2241(d).

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The United States District Court for the Central District of California has concurrent jurisdiction

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over this petition because petitioner was convicted in Los Angeles County Superior Court for

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attempted murder, convicted in the United States District Court for the Central District of

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California for various convictions involving drug trafficking, is currently incarcerated in a

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Federal Correctional Institution in Victorville, and all of his prison files are located and

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maintained in the Central District of California (Dkt. No. 37, Br. 1–3). In contrast, this Court

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only has concurrent jurisdiction because he filed his petition here while temporarily housed at a

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Federal Correctional Institution in Dublin, pending his transportation to Victorville. Ibid.

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As petitioner requested an evidentiary hearing and requested to be physically present for
the hearing, he is ORDERED TO SHOW CAUSE BY JUNE 27 in a responsive brief, no longer than

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five pages, why this petition should not be transferred to the United States District Court for the

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Central District of California for determination, and if necessary, a hearing.

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IT IS SO ORDERED.

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Dated: June 23, 2014.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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