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

Case 3:08-cv-00009-L-RBB

Document 2

Filed 01/11/2008

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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. RICHARD HERNANDEZ, Warden, Respondent. DREW KEVIN RUSSELL, Petitioner, ORDER TRANSFERRING ACTION TO UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA, SOUTHERN DIVISION Civil No. 08cv0009-L (RBB) UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

18 habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner challenges a conviction from the Orange 19 County Superior Court in Santa Ana, California. In accordance with the practice of district 20 courts in California, the Court transfers the Petition to the United States District Court for the 21 Central District of California, Southern Division. 22 A petition for writ of habeas corpus may be filed in the United States District Court of

23 the judicial district in which the petitioner is presently confined or the judicial district in which 24 he was convicted and sentenced. See 28 U.S.C. § 2241(d); Braden v. 30th Judicial Circuit 25 Court, 410 U.S. 484, 497 (1973). Petitioner here attacks a conviction suffered in the Orange 26 County Superior Court in Santa Ana, California. (Pet. at 1.) That court is located in Orange 27 County, which is within the jurisdictional boundaries of the United States District Court for the 28 Central District of California, Southern Division. See 28 U.S.C. § 84(c)(3). Petitioner is -108cv0009

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Case 3:08-cv-00009-L-RBB

Document 2

Filed 01/11/2008

Page 2 of 2

1 presently confined at the R. J. Donovan Correctional Facility. That prison is located in San 2 Diego County, California, within the jurisdictional boundaries of the United States District Court 3 for the Southern District of California. See 28 U.S.C. § 84(d). Jurisdiction over this Petition 4 thus exists in the Central District of California, Southern Division, and in the Southern District 5 of California. See 28 U.S.C. § 2241(d). 6 It is generally the practice of the district courts in California to transfer habeas actions

7 challenging a state conviction to the district in which a petitioner was convicted. Any and all 8 records, witnesses and evidence necessary for the resolution of a petitioner's contentions are 9 more readily available in that district. See Braden, 410 U.S. at 497, 499 n.15; Laue v. Nelson, 10 279 F. Supp. 265, 266 (N.D. Cal. 1968). In this case, that district is the Central District of 11 California, Southern Division. 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, Southern 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 10, 2008 18 19 20 CC: ALL PARTIES 21 22 23 24 25 26 27 28 -208cv0009

M. James Lorenz United States District Court Judge

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