Free Case Transferred Out to Another District - District Court of California - California

Case 3:08-cv-01307-JAH-RBB

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Filed 07/25/2008

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 vs. LARRY SMALL, Warden, et al., Respondents. ISRAEL GARCIA, Petitioner, ORDER TRANSFERRING ACTION TO UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION Civil No. 08cv1307-JAH (RBB) UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

Petitioner, a state prisoner proceeding pro se, has filed a petition for a writ of habeas

17 corpus pursuant to 28 U.S.C. § 2254. Petitioner challenges a conviction from the Los Angeles 18 County Superior Court. In accordance with the practice of district courts in California, the Court 19 transfers the Petition to the United States District Court for the Central District of California, 20 Western Division. 21 A petition for writ of habeas corpus may be filed in the United States District Court of

22 the judicial district in which the petitioner is presently confined or the judicial district in which 23 he was convicted and sentenced. See 28 U.S.C. § 2241(d); Braden v. 30th Judicial Circuit 24 Court, 410 U.S. 484, 497 (1973). Petitioner here attacks a conviction suffered in the Los 25 Angeles County Superior Court. (Pet. at 1.) That court is located in Los Angeles County, which 26 is within the jurisdictional boundaries of the United States District Court for the Central District 27 of California, Western Division. See 28 U.S.C. § 84(c)(2). Petitioner is presently confined at 28 Calipatria State Prison in Calipatria, California. That prison is located in Imperial County, -108cv1307

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Case 3:08-cv-01307-JAH-RBB

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Filed 07/25/2008

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1 which is within the jurisdictional boundaries of the United States District Court for the Southern 2 District of California. See 28 U.S.C. § 84(d). Jurisdiction over this Petition thus exists in the 3 Central District, Western Division, and in the Southern District. See 28 U.S.C. § 2241(d). 4 It is generally the practice of the district courts in California to transfer habeas actions

5 challenging a state conviction to the district in which a petitioner was convicted. Any and all 6 records, witnesses and evidence necessary for the resolution of a petitioner's contentions are 7 more readily available in that district. See Braden, 410 U.S. at 497, 499 n.15; Laue v. Nelson, 8 279 F. Supp. 265, 266 (N.D. Cal. 1968). In this case, that district is the Central District of 9 California, Western Division. Therefore, in the furtherance of justice, 10 IT IS ORDERED that the Clerk of this Court transfer this matter to the United States

11 District Court for the Central District of California, Western Division. See 28 U.S.C. § 2241(d). 12 IT IS FURTHER ORDERED that the Clerk of this Court serve a copy of this Order

13 upon Petitioner and upon the California Attorney General. 14 15 DATED: July 25, 2008 16 17 18 19 20 21 22 23 24 25 26 27 28 -208cv1307

JOHN A. HOUSTON United States District Judge

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Case 3:08-cv-01307-JAH-RBB

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Filed 07/25/2008

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UNITED STATES DISTRICT COURT
Southern District Of California Office Of The Clerk 880 Front Street, Room 4290 San Diego, California 92101-8900 Phone: (619) 557-5600 Fax: (619) 702-9900 W. Samuel Hamrick, Jr. Clerk of Court July 28, 2008 Office of the Clerk Central District of California, Western Division 312 N. Spring Street Los Angeles, CA 90012 Re: Garcia v. Small et al, Case No. 08cv1307 JAH (RBB) Dear Sir or Madam: Pursuant to Order transferring the above-entitled action to your District, we are electronically transmitting herewith our entire original file. Sincerely yours, W. Samuel Hamrick, Jr. Clerk of Court By: s/P. Dela Cruz, Deputy Clerk
Copy to Attorney for Plaintiffs: Copy to Attorney for Defendants: