UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
May 5, 2011
JESSE L. YOUNGBLOOD,
R. J. DONOVAN WARDEN, ET AL,
The opinion of the court was delivered by: Hon. Anthony J. BattagliaU.S. District Judge
ORDER TRANSFERRING ACTION TO UNITED STATES DISTRICT DISTRICT OF CALIFORNIA COURT FOR THE EASTERN
Petitioner is a state prisoner proceeding pro se with a habeas corpus action filed pursuant to 28 U.S.C. § 2254. Upon reviewing the petition, the Court finds that this case should be transferred in the interest of justice.
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); Braden v. 30th Judicial Circuit Court, 410 U.S. 484, 497 (1973). The application in the present matter attacks a judgment of conviction that was entered in the Butte County Superior Court, which is within the jurisdictional boundaries of the United States District Court for the Eastern District of California.
28 U.S.C. § 84(b). Petitioner is presently confined at R. J. Donovan Correctional Facility in San Diego, California, located in San Diego County, which is within the jurisdictional boundaries of the United States District Court for the Southern District of California. 28 U.S.C. § 84(d). Thus, jurisdiction exists in both the Eastern and Southern Districts.
When a habeas petitioner is challenging a judgment of conviction, the district court of the district in which the judgment of conviction was entered is a more convenient forum because of the accessibility of evidence, records and witnesses. Thus, it is generally the practice of the district courts in California to transfer habeas actions questioning judgments of conviction to the district in which the judgment was entered. Any and all records, witnesses and evidence necessary for the resolution of Petitioner's contentions are available in Butte County. See Braden, 410 U.S. at 497, 499 n.15 (stating that a court can, of course, transfer habeas cases to the district of conviction which is ordinarily a more convenient forum); Laue v. Nelson, 279 F. Supp. 265, 266 (N.D. Cal. 1968).
Therefore, in the furtherance 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.
© 1992-2011 VersusLaw Inc.