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

Case 3:07-cv-02210-JAH-POR

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Filed 11/26/2007

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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 THE PEOPLE, Respondents. vs. IVAN TOLAND, Petitioner, Civil No. 07-2210 JAH (POR) UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

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

18 to 28 U.S.C.A. § 2254 (West Supp. 2005). Petitioner has not paid the $5.00 filing fee and has 19 not filed a motion to proceed in forma pauperis. Upon reviewing the petition, the Court finds 20 that this case should be transferred in the interest of justice. Thus, this Court does not rule on 21 Petitioner's in forma pauperis status. 22 A petition for writ of habeas corpus may be filed in the United States District Court of

23 either the judicial district in which the petitioner is presently confined or the judicial district in 24 which he was convicted and sentenced. See 28 U.S.C. § 2241(d); Braden v. 30th Judicial 25 Circuit Court, 410 U.S. 484, 497 (1973). Petitioner is presently confined at the California 26 Substance Abuse Treatment Facility and State Prison, located in Kings County, which is within 27 the jurisdictional boundaries of the United States District Court for the Eastern District of 28 California. See 28 U.S.C. § 84(b). Petitioner's state court conviction occurred in Los Angeles -107cv2210

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Case 3:07-cv-02210-JAH-POR

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Filed 11/26/2007

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1 County Superior Court, which is located within the jurisdictional boundaries of the United States 2 District Court for the Central District of California, Western Division See 28 U.S.C. § 84(c)(2). 3 Thus, jurisdiction exists in both the Eastern and Central Districts, but not in the Southern 4 District. 5 Although this Court does not have jurisdiction over the action, "[u]nder a provision of the

6 Federal Courts Improvement Act, 28 U.S.C. § 1631, if a court finds that there is a want of 7 jurisdiction the court shall transfer the action to any other such court in which the action could 8 have been brought `if it is in the interest of justice.'" Miller v. Hambrick, 905 F.2d 259, 262 (9th 9 Cir. 1990) (citing In re McCauley, 814 F.2d 1350, 1351-52 (9th Cir. 1987)). The Ninth Circuit 10 has held that transferring a habeas corpus proceeding to a district with proper jurisdiction will 11 be in the interest of justice because normally dismissal of an action that could be brought 12 elsewhere is "time-consuming and justice-defeating." Miller, 905 F.2d at 262 (quoting 13 Goldlawr, Inc. v. Heiman, 369 U.S. 463, 467 (1962). Therefore, pursuant to 28 U.S.C. § 1631, 14 this Court may transfer this proceeding to a district with proper jurisdiction under 28 U.S.C. 15 § 2241(d). 16 When a habeas petitioner is challenging a state court conviction, the district court of the

17 district in which the state court conviction took place is a more convenient forum because of the 18 accessibility of evidence, records and witnesses. Thus, it is generally the practice of the district 19 courts in California to transfer habeas actions questioning state court convictions to the district 20 in which the state court conviction took place. Any and all records, witnesses and evidence 21 necessary for the resolution of Petitioner's contentions are more readily available in Los Angeles 22 County. See Braden, 410 U.S. at 497, 499 n.15 (stating that a court can, of course, transfer 23 habeas cases to the district of conviction which is ordinarily a more convenient forum). 24 Therefore, in the furtherance of justice, 25 IT IS ORDERED that the Clerk of this Court transfer this matter to the United States

26 District Court for the Central District of California, Western Division. See 28 U.S.C. § 2241(d). 27 28 -207cv2210

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Case 3:07-cv-02210-JAH-POR

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Filed 11/26/2007

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1

IT IS FURTHER ORDERED that the Clerk of this Court serve a copy of this Order

2 upon Petitioner and upon the California Attorney General. 3 4 DATED: November 26, 2007 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -307cv2210

HON. JOHN A. HOUSTON United States District Judge

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