Mendez v. Almager

Filing 3

ORDER Transferring Action to United States District Court For The Central District of California, Southern Division. Copies of this Order sent to California Attorney General (electronically) and to Petitioner (regular mail). Signed by Judge William Q. Hayes on 2/13/2007. (Sent transfer package to Central District of California, Southern Division.) (mdc) Modified on 2/15/2007 to note transfer package information. (mdc).(bar, ).

Mendez v. Almager

Doc. 3

Case 3:07-cv-00247-WQH-PCL

Document 3

Filed 02/13/2007

Page 1 of 2

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Petitioner is a state prisoner proceeding with a habeas corpus action filed pursuant to 18 28 U.S.C. § 2254 attacking a conviction from the Superior Court of Orange County, California. 19 Upon reviewing the petition, the Court finds that this case should be transferred in the interest 20 of justice. 21 A petition for writ of habeas corpus may be filed in the United States District Court of 22 either the judicial district in which the petitioner is presently confined or the judicial district in 23 which he was convicted and sentenced. See 28 U.S.C. § 2241(d); Braden v. 30th Judicial 24 Circuit Court, 410 U.S. 484, 497 (1973). The application in the present matter attacks a 25 judgment of conviction that was entered in the Orange County Superior Court, which is within 26 the jurisdictional boundaries of the United States District Court for the Central District of 27 California, Southern Division. 28 U.S.C. § 84(c)(3). Petitioner is presently confined at 28 Centinela State Prison in Imperial, California, located in Imperial County, which is within the Petitioner, vs. V.M. ALMAGER, Warden Respondent. ORDER TRANSFERRING ACTION TO UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA, SOUTHERN DIVISION MANUEL MENDEZ, Civil No. 07-0247 WQH (PCL) UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

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07cv0247

Dockets.Justia.com

Case 3:07-cv-00247-WQH-PCL

Document 3

Filed 02/13/2007

Page 2 of 2

1 jurisdictional boundaries of the United States District Court for the Southern District of 2 California. 28 U.S.C. § 84(d). Thus, jurisdiction exists in both the Central and Southern 3 Districts. 4 When a habeas petitioner is challenging a judgment of conviction, the district court of the

5 district in which the judgment of conviction was entered is a more convenient forum because of 6 the accessibility of evidence, records and witnesses. Thus, it is generally the practice of the 7 district courts in California to transfer habeas actions questioning judgments of conviction to the 8 district in which the judgment was entered. Any and all records, witnesses and evidence 9 necessary for the resolution of Petitioner's contentions are available in Orange County. See 10 Braden, 410 U.S. at 497, 499 n.15 (stating that a court can, of course, transfer habeas cases to 11 the district of conviction which is ordinarily a more convenient forum); Laue v. Nelson, 279 12 F. Supp. 265, 266 (N.D. Cal. 1968). 13 Therefore, in the furtherance of justice, IT IS ORDERED that the Clerk of this Court

14 transfer this matter to the United States District Court for the Central District of California, 15 Southern Division. See 28 U.S.C. § 2241(d). IT IS FURTHER ORDERED that the Clerk of 16 this Court serve a copy of this Order upon Petitioner and upon the California Attorney General. 17 18 19 20 21 22 23 24 25 26 27 28 DATED: February 13, 2007 WILLIAM Q. HAYES United States District Judge

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07cv0247