Garcia v. Superior Court of Kern County et al

Filing 11

ORDER Transferring Case to the Southern District of California signed by Magistrate Judge Michael J. Seng on 08/19/2016. (Flores, E) [Transferred from California Eastern on 8/24/2016.]

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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1:15-cv-01685 MJS HC
RAYMOND THOMAS GARCIA, JR.,

ORDER TRANSFERRING CASE TO THE
Petitioner, SOUTHERN DISTRICT OF CALIFORNIA

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v.

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SUPERIOR COURT, et al.,
Respondents.

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Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas
corpus pursuant to 28 U.S.C. § 2254.
The federal venue statute requires that a civil action, other than one based on
diversity jurisdiction, be brought only in “(1) a judicial district where any defendant
resides, if all defendants reside in the same state, (2) a judicial district in which a
substantial part of the events or omissions giving rise to the claim occurred, or a
substantial part of the property that is the subject of the action is situated, or (3) a
judicial district in which any defendant may be found, if there is no district in which the
action may otherwise be brought.” 28 U.S.C. § 1391(b).

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Venue for a habeas action is proper in either the district of confinement or the

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district of conviction. 28 U.S.C. § 2241(d). The district court for the district wherein such

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an application is filed in the exercise of its discretion and in furtherance of justice may

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transfer the application to the other district court for hearing and determination. Id.

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It is preferable for petitions challenging a conviction or sentence to be heard in the

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district of conviction while petitions challenging the manner in which the sentence is

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being executed be heard in the district of confinement. Dunne v. Henman, 875 F.2d 244,

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249 (9th Cir. 1989). In this case, it appears that Petitioner is challenging a conviction

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from Imperial County, which is in the Southern District of California. See 28 U.S.C. § 84.

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Therefore, the petition should have been filed in the United States District Court for the

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Southern District of California. In the interest of justice, the petition will be transferred to

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the United States District Court for the Southern District of California. 28 U.S.C. §§

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1404(a) and 2241(d).

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Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the
United States District Court for the Southern District of California.

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IT IS SO ORDERED.
Dated:

August 19, 2016

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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