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Davenport v. Haviland

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


April 3, 2009

KEVIN DAVENPORT, PETITIONER,
v.
JOHN W. HAVILAND, RESPONDENT.

The opinion of the court was delivered by: Honorable John F. Walter United States District Judge

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

On March 23, 2009, Kevin Davenport ("Petitioner"), filed the current Petition for Writ of Habeas Corpus by a Person in State Custody pursuant to 28 U.S.C. § 2254 ("Petition"). Petitioner also filed a Motion for Stay and Abeyance pending exhaustion of certain claims for relief contained in the Petition.

A petition for writ of habeas corpus may be filed in the United States District Court of either the judicial district in which the petitioner is presently confined or the judicial district in which he was convicted and sentenced. See 28 U.S.C. § 2241(d). Petitioner presently is confined at the California State Prison Solano in Vacaville, California, which is located in Solano County. Solano County is located within the jurisdictional boundaries of the Eastern District of California. See 28 U.S.C. § 84(b). Moreover, it appears from the face of the Petition that Petitioner is challenging a conviction sustained in the Kern County Superior Court.

(Pet. at 2.) Kern County is also located within the Eastern District of California. See 28 U.S.C. § 84(b).

Accordingly, while the Petition could properly have been filed in the Eastern District of California, it was not properly filed in the Central District of California.

When a habeas petitioner is challenging his underlying conviction or sentence, the district court for the district in which the petitioner was convicted and sentenced is a more convenient forum because of the accessibility of evidence, records and witnesses. As a result, it generally is the practice of the district courts in California to transfer habeas actions questioning state convictions/sentences to the district in which the petitioner was convicted and sentenced. Here, since Petitioner was convicted and sentenced in the Eastern District of California, any and all records, witnesses and evidence necessary for the resolution of Petitioner's contentions are more readily available in Kern County. See Laue v. Nelson, 279 F. Supp. 265, 266 (N.D. Cal. 1968). Therefore, in furtherance of the interest of justice,

IT IS ORDERED that the Clerk of this Court transfer this matter to the United States District Court for the Eastern District of California. See 28 U.S.C. § 2241(d).

IT IS FURTHER ORDERED that the Clerk of this Court serve a copy of this Order upon Petitioner and upon the California Attorney General.

HONORABLE OSWALD PARADA United States Magistrate Judge

NOTICE PARTY SERVICE LIST

Case Title

Title of Document

ADR US Attorneys Office - Civil Division -L.A. BAP (Bankruptcy Appellate Panel) US Attorneys Office - Civil Division - S.A. BOP (Bureau of Prisons) US Attorneys Office - Criminal Division -L.A. CA St Pub Defender (Calif. State PD) US Attorneys Office - Criminal Division -S.A. CAAG (California Attorney General's Office - US Bankruptcy Court Keith H. Borjon, L.A. Death Penalty Coordinator) US Marshal Service - Los Angeles (USMLA) Case Asgmt Admin (Case Assignment Administrator) US Marshal Service - Riverside (USMED) Chief Deputy Admin US Marshal Service -Santa Ana (USMSA) Chief Deputy Ops US Probation Office (USPO)

Clerk of Court US Trustee's Office Death Penalty H/C (Law Clerks) Warden, San Quentin State Prison, CA Dep In Chg E Div ADD NEW NOTICE PARTY Dep In Chg So Div (if sending by fax, mailing address must also be provided)

Federal Public Defender Name: Fiscal Section Firm: Intake Section, Criminal LA Address (include suite or floor): Intake Section, Criminal SA Intake Supervisor, Civil MDL Panel *E-mail: Ninth Circuit Court of Appeal *Fax No.: PIA Clerk - Los Angeles (PIALA) * For CIVIL cases only

JUDGE / MAGISTRATE JUDGE (list below):

PIA Clerk - Riverside (PIAED)

PIA Clerk - Santa Ana (PIASA)

PSA - Los Angeles (PSALA)

PSA - Riverside (PSAED)

PSA - Santa Ana (PSASA)

Schnack, Randall (CJA Supervising Attorney) Initials of Deputy Clerk

Statistics Clerk

NOTICE PARTY SERVICE LIST

20090403

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