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

Case 3:08-cv-00041-IEG-BLM

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Filed 01/15/2008

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Petitioner, a California state prisoner proceeding pro se, has filed a petition for a writ of vs. BEN CURRY, Warden, et al., Respondents. FRANCIS DIBLASI, Petitioner, ORDER TRANSFERRING ACTION TO UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA, EASTERN DIVISION Civil No. 08cv0041-IEG (BLM) UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

18 habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner challenges a conviction from the 19 Riverside County Superior Court in Riverside, California. In accordance with the practice of 20 district courts in California, the Court transfers the Petition to the United States District Court 21 for the Central District of California, Eastern Division. The Court does not rule on Petitioner's 22 in forma pauperis request. 23 A petition for writ of habeas corpus may be filed in the United States District Court of

24 the judicial district in which the petitioner is presently confined or the judicial district in which 25 he was convicted and sentenced. See 28 U.S.C. § 2241(d); Braden v. 30th Judicial Circuit 26 Court, 410 U.S. 484, 497 (1973). Petitioner here attacks a conviction suffered in the Riverside 27 County Superior Court in Riverside, California. (Pet. at 1.) That court is located in Riverside 28 County, which is within the jurisdictional boundaries of the United States District Court for the -108cv0041

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Case 3:08-cv-00041-IEG-BLM

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Filed 01/15/2008

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1 Central District of California, Eastern Division. See 28 U.S.C. § 84(c)(1). Petitioner is presently 2 confined at the Correctional Training Facility in Soledad, California. That prison is located in 3 Monterey, County, California, within the jurisdictional boundaries of the United States District 4 Court for the Northern District of California. See 28 U.S.C. § 84(a). Jurisdiction over this 5 Petition thus exists in the Central District of California, Eastern Division, and in the Northern 6 District of California. See 28 U.S.C. § 2241(d). 7 Although this Court does not have jurisdiction over the action, "[u]nder a provision of the

8 Federal Courts Improvement Act, 28 U.S.C. § 1631, if a court finds that there is a want of 9 jurisdiction the court shall transfer the action to any other such court in which the action could 10 have been brought `if it is in the interest of justice.'" Miller v. Hambrick, 905 F.2d 259, 262 (9th 11 Cir. 1990) (citing In re McCauley, 814 F.2d 1350, 1351-52 (9th Cir. 1987)). The Ninth Circuit 12 has held that transferring a habeas corpus proceeding to a district with proper jurisdiction will 13 be in the interest of justice because normally dismissal of an action that could be brought 14 elsewhere is "time-consuming and justice-defeating." Miller, 905 F.2d at 262 (quoting 15 Goldlawr, Inc. v. Heiman, 369 U.S. 463, 467 (1962). Therefore, pursuant to 28 U.S.C. § 1631, 16 this Court may transfer this proceeding to a district with proper jurisdiction under 28 U.S.C. 17 § 2241(d). It is generally the practice of the district courts in California to transfer habeas 18 actions challenging a state conviction to the district in which a petitioner was convicted. Any 19 and all records, witnesses and evidence necessary for the resolution of a petitioner's contentions 20 are more readily available in that district. See Braden, 410 U.S. at 497, 499 n.15; Laue v. 21 Nelson, 279 F. Supp. 265, 266 (N.D. Cal. 1968). In this case, that district is the Central District 22 of California, Eastern Division. Therefore, in the furtherance of justice, 23 // 24 // 25 // 26 // 27 // 28 -208cv0041

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Case 3:08-cv-00041-IEG-BLM

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1

IT IS ORDERED that the Clerk of this Court transfer this matter to the United States

2 District Court for the Central District of California, Eastern Division. See 28 U.S.C. § 2241(d). 3 IT IS FURTHER ORDERED that the Clerk of this Court serve a copy of this Order

4 upon Petitioner and upon the California Attorney General. 5 DATED: January 15, 2008 6 7 8
CC: ALL PARTIES

IRMA E. GONZALEZ, Chief Judge United States District Court

9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -308cv0041

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