IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
April 29, 2010
ERNESTO ANTONIO MEJIA, PETITIONER,
JOHNNY WILLIAMS, JR., RESPONDENT.
The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge
Petitioner, a state prisoner proceeding without counsel, has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, together with a request to proceed in forma pauperis and a request for appointment of counsel. Petitioner is incarcerated at the Service Processing Center in El Centro, Imperial County, California, and challenges a conviction entered by the Kern County Superior Court. Imperial County is located within the United States District Court for the Southern District of California, while Kern County is located within the Fresno Division of the United States District Court for the Eastern District of California. See Local Rule 120(d).
Pursuant to 28 U.S.C. § 2242(d), an application for a writ of habeas corpus may be filed in the district court wherein petitioner is presently in custody or in the district court wherein petitioner was convicted and sentenced.*fn1 An application for a writ of habeas corpus challenging conviction is most appropriately heard in the federal district wherein petitioner was convicted and sentenced. See, e.g., Laue v. Nelson, 279 F. Supp. 265 (N.D. Cal. 1968).
This action should therefore have been filed in the Fresno, rather than the Sacramento, Division of the United States District Court for the Eastern District of California. See Local Rule 120(d). Pursuant to Local Rule 120(f), a civil action which has not been commenced in the proper division of a court may, on the court's own motion, be transferred to the proper division. This action will therefore be transferred to the Fresno Division. This court has not ruled on petitioner's request to proceed in forma pauperis or petitioner's request for counsel.
Accordingly, good cause appearing, IT IS HEREBY ORDERED that:
1. This action is transferred to the Fresno Division of the United States District Court for the Eastern District of California; and
2. All future filings shall reference the newly assigned Fresno case number and shall be filed at:
United States District Court Eastern District of California 2500 Tulare Street Fresno, CA 93721