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

Case 3:08-cv-00014-H-WMC

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Filed 01/08/2008

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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 with a habeas corpus action filed pursuant vs. V.M. ALMAGER, et al., Respondents. DONSHAEL DOMANIQUE CLARK, Petitioner, Civil No. 08-0014 H (WMc) UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

ORDER TRANSFERRING ACTION TO UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA, EASTERN DIVISION

18 to 28 U.S.C.A. § 2254 (West Supp. 2005). Petitioner has also filed a motion to proceed in forma 19 pauperis. Upon reviewing the petition, the Court finds that this case should be transferred in the 20 interest of justice. Thus, this Court does not rule on Petitioner's in forma pauperis status. 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). Petitioner is presently confined at Centinela State 25 Prison, located in Imperial County, which is within the jurisdictional boundaries of the United 26 States District Court for the Southern District of California. See 28 U.S.C. § 84(d). Petitioner's 27 state court conviction occurred in Riverside County Superior Court, which is located within the 28 jurisdictional boundaries of the United States District Court for the Central District of California, -108cv0014

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Case 3:08-cv-00014-H-WMC

Document 3

Filed 01/08/2008

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1 Eastern Division See 28 U.S.C. § 84(c)(1). Thus, jurisdiction exists in both the Southern and 2 Central Districts. 3 When a habeas petitioner is challenging a state court conviction, the district court of the

4 district in which the state court conviction took place is a more convenient forum because of the 5 accessibility of evidence, records and witnesses. Thus, it is generally the practice of the district 6 courts in California to transfer habeas actions questioning state court convictions to the district 7 in which the state court conviction took place. Any and all records, witnesses and evidence 8 necessary for the resolution of Petitioner's contentions are more readily available in Riverside 9 County. See Braden, 410 U.S. at 497, 499 n.15 (stating that a court can, of course, transfer 10 habeas cases to the district of conviction which is ordinarily a more convenient forum). 11 Therefore, in the furtherance of justice, 12 IT IS ORDERED that the Clerk of this Court transfer this matter to the United States

13 District Court for the Central District of California, Eastern Division. See 28 U.S.C. § 2241(d). 14 IT IS FURTHER ORDERED that the Clerk of this Court serve a copy of this Order

15 upon Petitioner and upon the California Attorney General. 16 17 DATED: January 8, 2008 18 19 20 21 22 23 24 25 26 27 28 -208cv0014

_________________________________________ Marilyn L. Huff United States District Judge

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