Rinaldi v. Rios

Filing 2

ORDER, CASE TRANSFERRED to the Middle District of Pennsylvania, signed by Magistrate Judge Dennis L. Beck on 02/04/2010. CASE CLOSED. (Flores, E) [Transferred from California Eastern on 2/5/2010.]

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1 2 3 4 5 6 7 8 9 10 11 12 v. 13 H.A. RIOS, JR., 14 Respondent. 15 16 Petitioner is a federal prisoner proceeding pro se with a petition for writ of habeas corpus 17 pursuant to 28 U.S.C. 2241. 18 On January 19, 2010, Petitioner, who is currently incarcerated at Atwater U.S. Penitentiary, 19 filed a Petition for Writ of Habeas Corpus in the United States District Court for the Eastern District 20 of California. However, Petitioner was convicted in the United States District Court for the Middle 21 District of Pennsylvania. 22 Federal courts have authority to grant writs of habeas corpus "within their respective 23 jurisdictions." 28 U.S.C. 2241. The court issuing the writ must have personal jurisdiction over the 24 custodian. See, Braden v. 30th Judicial Circuit Court, 410 U.S. 484, 495, 93 S.Ct. 1123, 35 L.Ed.2d 25 26 1289 (9th Cir.1987). Without such jurisdiction, the Court has no authority to direct the actions of the 27 restraining authority. See, Malone, 165 F.3d at 1237. In the interests of justice, a federal court may 28 1 443 (1973); Malone V. Calderon, 165 F.3d 1234 (9th Cir. 1999); Subias v. Meese, 835 F.2d 1288, / MICHAEL RINALDI, Petitioner, 1:10-cv-101 (HC) ORDER TRANSFERRING CASE TO THE MIDDLE DISTRICT OF PENNSYLVANIA UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 1 2 3 4 5 6 7 8 9 transfer a case filed in the wrong district to the correct district. See 28 U.S.C. 1406(a); Starnes v. McGuire, 512 F.2d 918, 932 (D.C. Cir. 1974). The Petitioner in the instant case is not incarcerated at a facility within this Court's jurisdiction. Accordingly, in the interests of justice, the Court HEREBY ORDERS the instant action be transferred to the United States District Court for the Middle District of Pennsylvania. IT IS SO ORDERED. Dated: 0ce24h February 4, 2010 /s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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