Vance v. Evans et al

Filing 2

ORDER, Case transferred to District of Central District of California, Eastern Division. Original file, certified copy of transfer order, and docket sheet sent. (CC copy of this order to Attorney General). Signed by Judge Roger T. Benitez on 03/09/07. (joeh, ) Additional attachment(s) added on 3/12/2007 (joeh, ).

Vance v. Evans et al

Doc. 2

Case 3:07-cv-00404-BEN-JMA

Document 2

Filed 03/09/2007

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Petitioner is a state prisoner proceeding pro se with a habeas corpus action filed pursuant 18 to 28 U.S.C.A. § 2254 (West Supp. 2006). Petitioner has not paid the $5.00 filing fee and has 19 not filed a motion to proceed in forma pauperis. Upon reviewing the petition, the Court finds 20 that this case 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 of 23 either the judicial district in which the petitioner is presently confined or the judicial district in 24 which he was convicted and sentenced. See 28 U.S.C. § 2241(d); Braden v. 30th Judicial 25 Circuit Court, 410 U.S. 484, 497 (1973). Petitioner is presently confined at Salinas Valley State 26 Prison, located in Monterey County, which is within the jurisdictional boundaries of the United 27 States District Court for the Northern District of California. See 28 U.S.C. § 84(a). Petitioner's 28 state court conviction occurred in San Bernardino County Superior Court, which is located -107cv0404

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

GREGORY VANCE, Jr., Petitioner, vs. EVANS, Warden, et al., Respondents.

Civil No.

07-0404 BEN (JMA)

ORDER TRANSFERRING ACTION TO UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA, EASTERN DIVISION

K:\COMMON\EVERYONE\_EFILE-PROSE\BEN\07cv0404transfer.wpd, 397

Dockets.Justia.com

Case 3:07-cv-00404-BEN-JMA

Document 2

Filed 03/09/2007

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1 within the jurisdictional boundaries of the United States District Court for the Central District 2 of California, Eastern Division See 28 U.S.C. § 84(c)(1). Thus, jurisdiction exists in both the 3 Northern and Central Districts, but not in the Southern District. 4 Although this Court does not have jurisdiction over the action, "[u]nder a provision of the

5 Federal Courts Improvement Act, 28 U.S.C. § 1631, if a court finds that there is a want of 6 jurisdiction the court shall transfer the action to any other such court in which the action could 7 have been brought `if it is in the interest of justice.'" Miller v. Hambrick, 905 F.2d 259, 262 (9th 8 Cir. 1990) (citing In re McCauley, 814 F.2d 1350, 1351-52 (9th Cir. 1987)). The Ninth Circuit 9 has held that transferring a habeas corpus proceeding to a district with proper jurisdiction will 10 be in the interest of justice because normally dismissal of an action that could be brought 11 elsewhere is "time-consuming and justice-defeating." Miller, 905 F.2d at 262 (quoting 12 Goldlawr, Inc. v. Heiman, 369 U.S. 463, 467 (1962). Therefore, pursuant to 28 U.S.C. § 1631, 13 this Court may transfer this proceeding to a district with proper jurisdiction under 28 U.S.C. 14 § 2241(d). 15 When a habeas petitioner is challenging a state court conviction, the district court of the

16 district in which the state court conviction took place is a more convenient forum because of the 17 accessibility of evidence, records and witnesses. Thus, it is generally the practice of the district 18 courts in California to transfer habeas actions questioning state court convictions to the district 19 in which the state court conviction took place. Any and all records, witnesses and evidence 20 necessary for the resolution of Petitioner's contentions are more readily available in San 21 Bernardino County. See Braden, 410 U.S. at 497, 499 n.15 (stating that a court can, of course, 22 transfer habeas cases to the district of conviction which is ordinarily a more convenient forum). 23 Therefore, in the furtherance of justice, 24 IT IS ORDERED that the Clerk of this Court transfer this matter to the United States

25 District Court for the Central District of California, Eastern Division. See 28 U.S.C. § 2241(d). 26 / / / 27 / / / 28 / / / -207cv0404

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Case 3:07-cv-00404-BEN-JMA

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Filed 03/09/2007

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1

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

2 upon Petitioner and upon the California Attorney General. 3 4 DATED: March 9, 2007 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -307cv0404

Hon. Roger T. Benitez United States District Judge

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