Smith v. Hernandez

Filing 2

ORDER DISMISSING CASE. IT IS ORDERED that the Clerk of this Court transfer this matter to the United States District Court for the Central District of California, Western Division. See 28 U.S.C. § 2241(d). IT IS FURTHER ORDERED that the Clerk of this Court serve a copy of this Order upon Petitioner and upon the California Attorney General. Signed by Judge Roger T. Benitez on 08/06/07. (joeh)

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Smith v. Hernandez Doc. 2 Case 3:07-cv-01401-BEN-WMC Document 2 Filed 08/06/2007 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 pro se has filed a "Petition for Coram Vobis," 1 18 which this Court construes as a petition for habeas corpus filed pursuant to 28 U.S.C. 2254. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA ERROL SMITH, Petitioner, vs. ROBERT J. HERNANDEZ, Warden, Respondent. Civil No. 07-1401 BEN (WMc) ORDER TRANSFERRING ACTION TO UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION 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 Los Angeles County Superior Court, which is 26 within the jurisdictional boundaries of the United States District Court for the Central District 27 28 1 liberally ). See Maleng v. Cook, 490 U.S. 488, 493 (1989) (stating that pro se petitions must be construed K:\COMMON\EVERYONE\_EFILE-PROSE\BEN\07cv1401-transfer.wpd, 867 -1- 07cv1401 Dockets.Justia.com Case 3:07-cv-01401-BEN-WMC Document 2 Filed 08/06/2007 Page 2 of 2 1 of California, Western Division. 28 U.S.C. 84(c)(2). Petitioner is presently confined at R. J. 2 Donovan Correctional Facility, located in San Diego County, which is within the jurisdictional 3 boundaries of the United States District Court for the Southern District of California. 28 U.S.C. 4 84(d). Thus, jurisdiction exists in both the Central and Southern Districts. 5 When a habeas petitioner is challenging a judgment of conviction, the district court of the 6 district in which the judgment of conviction was entered is a more convenient forum because of 7 the accessibility of evidence, records and witnesses. Thus, it is generally the practice of the 8 district courts in California to transfer habeas actions questioning judgments of conviction to the 9 district in which the judgment was entered. Any and all records, witnesses and evidence 10 necessary for the resolution of Petitioner's contentions are available in Los Angeles County. See 11 Braden, 410 U.S. at 497, 499 n.15 (stating that a court can, of course, transfer habeas cases to 12 the district of conviction which is ordinarily a more convenient forum); Laue v. Nelson, 279 13 F. Supp. 265, 266 (N.D. Cal. 1968). 14 Therefore, in the furtherance of justice, IT IS ORDERED that the Clerk of this Court 15 transfer this matter to the United States District Court for the Central District of California, 16 Western Division. See 28 U.S.C. 2241(d). IT IS FURTHER ORDERED that the Clerk of 17 this Court serve a copy of this Order upon Petitioner and upon the California Attorney General. 18 19 20 21 22 23 24 25 26 27 28 -207cv1401 DATED: August 6, 2007 Hon. Roger T. Benitez United States District Judge K:\COMMON\EVERYONE\_EFILE-PROSE\BEN\07cv1401-transfer.wpd, 867

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