Hernandez v. Supreme Court

Filing 3

ORDER OF DISMISSAL WITHOUT PREJUDICE. Signed by Judge Claudia Wilken on 1/10/2012. (Attachments: # 1 Certificate/Proof of Service)(ndr, COURT STAFF) (Filed on 1/10/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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GILBERT ROBLES HERNANDEZ, JR.,
AKA GILBERT ROBLES, JR.,

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Petitioner,

ORDER OF DISMISSAL WITHOUT
PREJUDICE

v.

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No. C 12-0025 CW (PR)

SUPREME COURTS,
Respondent.

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/

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Petitioner, a state prisoner, has filed a pro se petition for

United States District Court
For the Northern District of California

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a writ of habeas corpus pursuant to 28 U.S.C. § 2254.

unclear from the allegations in the petition whether Petitioner is
challenging the validity of his conviction or the denial of parole.
In either instance, however, the Northern District is not the
proper venue for the petition.
A petition for a writ of habeas corpus filed by a state

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It is

prisoner in a state that contains two or more federal judicial
districts may be filed in either the district of confinement or the
district of conviction.

See 28 U.S.C. § 2241(d).

The district

court where the petition is filed, however, may transfer the
petition to the other district in the furtherance of justice.
id.

See

Federal courts in California traditionally have chosen to hear

petitions challenging a conviction or sentence in the district of
conviction.

See Dannenberg v. Ingle, 831 F. Supp. 767, 767 (N.D.

Cal. 1993); Laue v. Nelson, 279 F. Supp. 265, 266 (N.D. Cal. 1968).
But if a habeas petition is directed to the manner in which a
sentence is being executed, e.g., if it involves parole or time
credit claims, the district of confinement is the preferable forum.

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See Habeas L.R. 2254-3(a); Dunne v. Henman, 875 F.2d 244, 249 (9th

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Cir. 1989).

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Petitioner was convicted in Riverside County Superior Court,

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which lies within the venue of the Central District of California.

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See 28 U.S.C. § 84(c)(1).

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Valley State Prison, which is located in Kern County and lies

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within the venue of the Eastern District of California.

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U.S.C. § 84(b).

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either the Central District or the Eastern District, but not in the

United States District Court
For the Northern District of California

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Further, he is incarcerated at Kern

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Thus, jurisdiction over the petition exists in

Northern District.

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If Petitioner seeks to challenge his state court conviction,

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jurisdiction is more appropriate in the United States District

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Court for the Central District of California.

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challenge a parole eligibility decision, jurisdiction is more

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appropriate in the United States District Court for the Eastern

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District of California.

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If he seeks to

For the foregoing reasons, the petition is DISMISSED without

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prejudice to Petitioner's refiling a petition in the appropriate

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court.

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The Clerk of the Court shall enter judgment and close the
file.
IT IS SO ORDERED.

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Dated: 1/10/2012
CLAUDIA WILKEN
UNITED STATES DISTRICT JUDGE

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