(HC) Belyew v. Pallares ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LISA MARIE BELYEW, No. 1:20-cv-01760-HBK 12 Plaintiff, 13 v. ORDER TRANSFERRING CASE TO THE SACRAMENTO DIVISION OF THE 14 MIKE PALLARES, EASTERN DISTRICT OF CALIFORNIA 15 Defendant. (Doc. No. 1) 16 17 18 Petitioner Lisa Marie Belyew is proceeding pro se on her petition for writ of habeas corpus 19 filed pursuant to 28 U.S.C. § 2254. (Doc. No. 1). Petitioner a prisoner incarcerated in Madera 20 County, which is located within the jurisdiction and venue of this court’s Fresno Division, 21 challenges her state sentence and conviction entered by the Superior Court of Colusa County, which 22 is located within the jurisdiction and venue of this court’s Sacramento Division. 23 Under 28 U.S.C. § 2241(d), jurisdiction is proper in the judicial district where the petitioner 24 was convicted or where the petitioner is incarcerated. Therefore, both the Fresno Division and 25 Sacramento Division of this Court have concurrent jurisdiction. See 28 U.S.C. § 2241(d); Rumsfeld 26 v. Padilla, 542 U.S. 426, 428 (2004). However, “[f]or the convenience of parties and witnesses, in 27 28 the interest of justice, a district court may transfer any civil action to any other district or division 1 | where it might have been brought.” 28 U.S.C. § 1404(a). Federal courts in California generally 2 | hear petitions for writ of habeas corpus in the district of conviction. Favor v. California, No. 116- 3 CV-01912-DAD-EPG-HC, 2017 WL 2671006, at *1 (E.D. Cal. June 21, 2017) (citing Laue v. 4 Nelson, 279 F. Supp. 265, 266 (N.D. Cal. 1968). 5 6 Thus, the Court finds in its discretion “and in furtherance of justice” the petition should be 7 | transferred to the Sacramento Division of this court. See 28 U.S.C. 8§ 1404(a), 2241(d); see also 8 || Local Rule 120). 9 Accordingly, 10 1. The Clerk shall transfer this action to the Sacramento Division of this court; and 11 2. All future filings shall reference the new case number assigned and shall be filed at: 12 United States District Court 13 Eastern District of California 14 Sacramento Division 501 I St., #4200 15 Sacramento, CA 95814 16 | ITIS SO ORDERED. 17 1g | Dated: _ December 16, 2020 oe Zh. fareh Zackte HELENA M. BARCH-KUCHTA 19 UNITED STATES MAGISTRATE JUDGE 20 21 22 23 24 25 26 27 28