Horton v. The People of the State of California

Filing 2

ORDER DISMISSING CASE and transferring action to the United States District Court for the Central District of California, Western Devision. Signed by Judge Roger T. Benitez on 07/30/07. (joeh) Additional attachment(s) added on 7/31/2007 (joeh, ).

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Horton v. The People of the State of California Doc. 2 Case 3:07-cv-01371-BEN-NLS Document 2 Filed 07/30/2007 Page 1 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 vs. THE PEOPLE OF THE STATE OF CALIFORNIA, Respondent. Petitioner, a state prisoner proceeding pro se, has filed a petition for a writ of habeas MICHAEL R. HORTON, JR., Petitioner, Civil No. 07cv1371-BEN (NLS) UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA ORDER TRANSFERRING ACTION TO UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION 18 corpus pursuant to 28 U.S.C. 2254. Petitioner challenges a conviction from the Los Angeles 19 County Superior Court. In accordance with the practice of district courts in California, the Court 20 transfers the Petition to the United States District Court for the Central District of California, 21 Western Division. 22 A petition for writ of habeas corpus may be filed in the United States District Court of 23 the judicial district in which the petitioner is presently confined or the judicial district in which 24 he was convicted and sentenced. See 28 U.S.C. 2241(d); Braden v. 30th Judicial Circuit 25 Court, 410 U.S. 484, 497 (1973). Petitioner here attacks a conviction suffered in the Los 26 Angeles County Superior Court. (Pet. at 2.) That court is located in Los Angeles County, which 27 is within the jurisdictional boundaries of the United States District Court for the Central District 28 of California, Western Division. See 28 U.S.C. 84(c)(2). Petitioner is presently confined at K:\COMMON\EVERYONE\_EFILE-PROSE\BEN\07cv1371-Transfer.wpd, 7307 -1- 07cv1371 Dockets.Justia.com Case 3:07-cv-01371-BEN-NLS Document 2 Filed 07/30/2007 Page 2 of 3 1 the California Correctional Institution at Tehachapi, California. That prison is located within 2 the jurisdictional boundaries of the United States District Court for the Eastern District of 3 California. See 28 U.S.C. 84(b). Jurisdiction over this Petition thus exists in the Central 4 District, Western Division, and in the Northern District. See 28 U.S.C. 2241(d). 5 Although this Court does not have jurisdiction over the action, "[u]nder a provision of the 6 Federal Courts Improvement Act, 28 U.S.C. 1631, if a court finds that there is a want of 7 jurisdiction the court shall transfer the action to any other such court in which the action could 8 have been brought `if it is in the interest of justice.'" Miller v. Hambrick, 905 F.2d 259, 262 (9th 9 Cir. 1990) (citing In re McCauley, 814 F.2d 1350, 1351-52 (9th Cir. 1987)). The Ninth Circuit 10 has held that transferring a habeas corpus proceeding to a district with proper jurisdiction will 11 be in the interest of justice because normally dismissal of an action that could be brought 12 elsewhere is "time-consuming and justice-defeating." Miller, 905 F.2d at 262 (quoting 13 Goldlawr, Inc. v. Heiman, 369 U.S. 463, 467 (1962). Therefore, pursuant to 28 U.S.C. 1631, 14 this Court may transfer this proceeding to a district with proper jurisdiction under 28 U.S.C. 15 2241(d). It is generally the practice of the district courts in California to transfer habeas 16 actions challenging a state conviction to the district in which a petitioner was convicted. Any 17 and all records, witnesses and evidence necessary for the resolution of a petitioner's contentions 18 are more readily available in that district. See Braden, 410 U.S. at 497, 499 n.15; Laue v. 19 Nelson, 279 F. Supp. 265, 266 (N.D. Cal. 1968). In this case, that district is the Central District 20 of California, Western Division. Therefore, in the furtherance of justice, 21 IT IS ORDERED that the Clerk of this Court transfer this matter to the United States 22 District Court for the Central District of California, Western Division. See 28 U.S.C. 2241(d). 23 IT IS FURTHER ORDERED that the Clerk of this Court serve a copy of this Order 24 upon Petitioner and upon the California Attorney General. 25 DATED: July 30, 2007 26 27 28 -207cv1371 Hon. Roger T. Benitez United States District Judge K:\COMMON\EVERYONE\_EFILE-PROSE\BEN\07cv1371-Transfer.wpd, 7307 Case 3:07-cv-01371-BEN-NLS Document 2 Filed 07/30/2007 Page 3 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -307cv1371 K:\COMMON\EVERYONE\_EFILE-PROSE\BEN\07cv1371-Transfer.wpd, 7307

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