(HC) Rivera v. Ndoh ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 FRANCISCO VENACIO RIVERA, Case No. 1:20-cv-01671-HBK 12 Petitioner, AMENDED ORDER TRANSFERRING CASE TO THE SOUTHERN DISTRICT 13 v. OF CALIFORNIA 14 ROSEMARY NDOH, (Doc. Nos. 1, 12) 15 Respondent. 16 17 18 Petitioner Francisco Venacio Rivera, represented by counsel, is proceeding on his petition 19 for writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. (Doc. Nos. 1, 12). Petitioner a 20 prisoner incarcerated in Kings County, which is located within the jurisdiction and venue of this 21 court’s Fresno Division, challenges his August 28, 2017 state sentence and conviction entered by 22 the Superior Court of San Diego, which is located within the jurisdiction and venue of the San 23 Diego Division of the United States District Court for the Southern District of California. 24 Under 28 U.S.C. § 2241(d), jurisdiction is proper in the judicial district where the petitioner 25 26 was convicted or where the petitioner is incarcerated. Therefore, both the Southern District of 27 California and the Eastern District of California have concurrent jurisdiction. See 28 U.S.C. § 28 1 | 2241(d); Rumsfeld v. Padilla, 542 U.S. 426, 428 (2004). However, “[f]or the convenience of parties 2 and witnesses, in the interest of justice, a district court may transfer any civil action to any other 3 district or division where it might have been brought.” 28 U.S.C. § 1404(a). Federal courts in 4 California generally hear petitions for writ of habeas corpus in the district of conviction. Favor v. 5 6 California, No. 116-CV-01912-DAD-EPG-HC, 2017 WL 2671006, at *1 (E.D. Cal. June 21, 2017) 7 | (citing Laue v. Nelson, 279 F. Supp. 265, 266 (N.D. Cal. 1968). 8 Thus, the Court finds in its discretion “and in furtherance of justice” the petition should be 9 | transferred to the Southern District of California. 28 U.S.C. §§ 1404(a), 2241(d). 10 Accordingly, 11 2 1. The Clerk shall transfer this action to the United States District Court for the Southern 13 District of California, San Diego Division; and 14 2. All future filings shall reference the new case number assigned and shall be filed at: 15 . woe United States District Court 16 Southern District of California San Diego Division 17 333 West Broadway San Diego, CA 92101 18 19 | SO ORDERED. 20 51 | Dated: _ December 14, 2020 Melba Th. arch Back HELENA M. BARCH-KUCHTA 22 UNITED STATES MAGISTRATE JUDGE 23 24 25 26 27 28