(HC) Mendoza v. Sullivan ( 2019 )

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 HERIBERTO MENDOZA, Case No. 19-cv-05663-JSC 8 Plaintiff, ORDER OF TRANSFER v. 9 10 SULLIVAN, Defendant. 11 12 Petitioner, a California prisoner proceeding pro se, filed this petition for a writ of habeas 13 corpus under 28 U.S.C. § 2254.1 The petition challenges the validity of a criminal judgment from 14 San Joaquin County Superior Court. 15 A petition for a writ of habeas corpus made by a person in custody under the judgment 16 and sentence of a state court of a state which contains two or more federal judicial districts may be 17 filed in either the district of confinement or the district of conviction. See 28 U.S.C. § 2241(d). 18 Each of such districts shall have concurrent jurisdiction to entertain the petition; however, the 19 district court for the district where the petition is filed may transfer the petition to the other district 20 in the furtherance of justice. See id. Federal courts in California traditionally have chosen to hear 21 petitions challenging a conviction or sentence in the district of conviction. See Dannenberg v. 22 Ingle, 831 F. Supp. 767, 768 (N.D. Cal. 1993); Laue v. Nelson, 279 F. Supp. 265, 266 (N.D. Cal. 23 1968). 24 As Petitioner challenges the validity of his conviction and sentence, the proper venue for 25 his petition is the district in which he was convicted. San Joaquin County is located within the 26 venue of the Eastern District of California. See 28 U.S.C. § 84. 27 1 Accordingly, in the interest of justice, this case is TRANSFERRED to the United States 2 District Court for the Eastern District of California. 3 The Clerk shall transfer this matter forthwith. 4 IT IS SO ORDERED. 5 Dated: October 25, 2019 6 7 re JAQ@UELINE SCOTT CORL 8 United States Magistrate Judge 9 10 11 a 12 13 14 © 15 16 = 17 6 18 19 20 21 22 23 24 25 26 27 28 1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 HERIBERTO MENDOZA, 7 Case No. 19-cv-05663-JSC Plaintiff, 8 9 Vv. CERTIFICATE OF SERVICE SULLIVAN, 10 Defendant. 11 12 I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. 13 = District Court, Northern District of California. 14 That on October 25, 2019, ISERVED a true and correct copy(ies) of the attached, by 15 placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by 16 depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery 17 receptacle located in the Clerk's office. Z 18 19 Heriberto Mendoza ID: BC3727 California Correctional Institution 20 || P.O. Box 608 D-6-20up 21 Tehachapi, CA 93581 22 23 Dated: October 25, 2019 24 25 Susan Y. Soong Clerk, Wy Sy KY rict Court By:___/ 27 Ada Means, Deputy @lerk to the 28 Honorable JACQUELINE SCOTT CORLEY