Dotson v. Scribner

Filing 3

Order transferring action to United States District Court for the Central District of CA, Eastern Division. Case transferred to District of Central District of CA, Eastern Division. Original file, certified copy of transfer order, and docket sheet sent. Signed by Judge Jeffrey T. Miller on 12/11/06. (tkl, ) Additional attachment(s) added on 12/12/2006 (tkl, ).

Dotson v. Scribner

Doc. 3

Case 3:06-cv-02622-JM-AJB

Document 3

Filed 12/11/2006

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

JACARNELL DOTSON , Petitioner, vs. SCRIBNER, Warden, Respondent.

Civil No. 06-CV-02622 JM (AJB) ORDER TRANSFERRING ACTION TO UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA, EASTERN DIVISION

Petitioner is a state prisoner proceeding pro se with a habeas corpus action filed

18 pursuant to 28 U.S.C.A. § 2254 (West Supp. 2005). Petitioner has also filed a motion to 19 proceed in forma pauperis. Upon reviewing the petition, the Court finds that this case 20 should be transferred in the interest of justice. Thus, this Court does not rule on 21 Petitioner's in forma pauperis status. 22

A petition for writ of habeas corpus may be filed in the United States District Court

23 of either the judicial district in which the petitioner is presently confined or the judicial 24 district in which he was convicted and sentenced. See 28 U.S.C. § 2241(d); Braden v. 25 30th Judicial Circuit Court, 410 U.S. 484, 497 (1973). Petitioner is presently confined 26 at Calipatria State Prison, located in Imperial County, which is within the jurisdictional 27 boundaries of the United States District Court for the Southern District of California. See 28 28 U.S.C. § 84(d). Petitioner's state court conviction occurred in Victorville Superior -106cv2662

Dockets.Justia.com

Case 3:06-cv-02622-JM-AJB

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Filed 12/11/2006

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1 Court, in San Bernardino County, which is located within the jurisdictional boundaries 2 of the United States District Court for the Central District of California, Eastern Division 3 See 28 U.S.C. § 84(c)(1). Thus, jurisdiction exists in both the Southern and Central 4 Districts. 5

When a habeas petitioner is challenging a state court conviction, the district court

6 of the district in which the state court conviction took place is a more convenient forum 7 because of the accessibility of evidence, records and witnesses. Thus, it is generally the 8 practice of the district courts in California to transfer habeas actions questioning state 9 court convictions to the district in which the state court conviction took place. Any and 10 all records, witnesses and evidence necessary for the resolution of Petitioner's 11 contentions are more readily available in San Bernardino County. See Braden, 410 U.S. 12 at 497, 499 n.15 (stating that a court can, of course, transfer habeas cases to the district 13 of conviction which is ordinarily a more convenient forum). Therefore, in the furtherance 14 of justice, 15

IT IS ORDERED that the Clerk of this Court transfer this matter to the United

16 States District Court for the Central District of California, Eastern Division. See 28 17 U.S.C. § 2241(d). 18

IT IS FURTHER ORDERED that the Clerk of this Court serve a copy of this IT IS SO ORDERED.

19 Order upon Petitioner and upon the California Attorney General. 20 21 DATED: December 11, 2006 22 23 24 25 26 27 28 -206cv2662

Hon. Jeffrey T. Miller United States District Judge