(HC) Acuna v. Matteson ( 2020 )

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 JULIANO VITO ACUNA, Case No. 20-cv-01902-JSC 8 Plaintiff, ORDER OF TRANSFER v. 9 10 G. MATTESON, 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. The petition challenges the validity of his conviction from 14 Tehama 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, the proper venue for his petition is 25 the district in which he was convicted. Tehama County is located within the venue of the Eastern 26 District of California. See 28 U.S.C. § 84. 27 Accordingly, in the interest of justice, this case is TRANSFERRED to the United States 4.40 UV LI WY MVVULEICEEIL Sr PHM Vern ly Payee ecviv 1 application to proceed in forma pauperis is deferred to the Eastern District. The Clerk shall 2 terminate this motion from this Court’s docket (docket number 2), and shall transfer this matter 3 forthwith. 4 IT IS SO ORDERED. 5 |} Dated: April 15, 2020 6 4 ne g ACQUELINE SCOTT CORLE United States Magistrate Judge 9 10 11 13 15 Q 16 = 17 Z 18 19 20 21 22 23 24 25 26 27 28 4.40 UV LI WY MVVULEICEEIL Sr PHM Vern ly Payee vviv 1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 JULIANO VITO ACUNA, 7 Case No. 20-cv-01902-JSC Plaintiff, 8 9 v. CERTIFICATE OF SERVICE 10 G. MATTESON, 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 April 15, 2020, I SERVED a true and correct copy(ies) of the attached, by placing 15 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(es) into an inter-office delivery 17 receptacle located in the Clerk's office. Z 18 19 Juliano Vito Acuna ID: AM7465 CSP-Solano 20 || P.O. Box 4000 Vacaville, CA 95696-4000 21 22 23 Dated: April 15, 2020 24 Susan Y. Soong 25 Clerk, United States Djstrict Court 26 27 By: Ada Means, Deputy €lerk to the 28 Honorable JACQUELINE SCOTT CORLEY