(HC) Mesa v. Cates ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RICHARD MESA, Case No. 1:21-cv-00034-HBK 12 Petitioner, ORDER TRANSFERRING CASE TO THE UNITED STATES DISTRICT COURT FOR 13 v. THE CENTRAL DISTRICT OF CALIFORNIA 14 B. CATES, (Doc. No. 1) 15 Respondent. 16 17 18 Petitioner Richard Mesa has pending a pro se petition for writ of habeas corpus under 28 19 U.S.C. § 2254, together with a request to proceed in forma pauperis pursuant to 28 U.S.C. § 1915 20 and a request for the appointment of counsel. (Doc. Nos. 1, 2, 3). Petitioner is a prisoner 21 incarcerated in Kern County, which is located within the jurisdiction and venue of this court’s 22 Fresno Division, but challenges his March 19, 2003 state sentence and conviction entered by the 23 Superior Court of Los Angeles, which is located within the jurisdiction and venue of the Western 24 Division of the United States District Court for the Central District of California. 25 26 Under 28 U.S.C. § 2241(d), jurisdiction is proper in the judicial district where the petitioner 27 was convicted or where the petitioner is incarcerated. Therefore, both the Central District of 28 1 | California and the Eastern District of California have concurrent jurisdiction. See 28 U.S.C. § 2 2241(d); Rumsfeld v. Padilla, 542 U.S. 426, 428 (2004). However, “[f]or the convenience of parties 3 and witnesses, in the interest of justice, a district court may transfer any civil action to any other 4 district or division where it might have been brought.” 28 U.S.C. § 1404(a). Federal courts in 5 6 California generally hear petitions for writ of habeas corpus in the district of conviction. Favor v. 7 || California, No. 116-CV-01912-DAD-EPG-HC, 2017 WL 2671006, at *1 (E.D. Cal. June 21, 2017) 8 || (citing Laue v. Nelson, 279 F, Supp. 265, 266 (N.D. Cal. 1968)). 9 Thus, the Court finds in its discretion “and in furtherance of Justice” the petition should be 10 transferred to the Central District of California. 28 U.S.C. §§ 1404(a), 2241(d). 11 2 Accordingly: 13 1. The Clerk shall transfer this action to the United States District Court for the Central 14 District of California, Western Division; and 15 2. All future filings shall reference the new case number assigned and shall be filed at: 16 . woe United States District Court 17 Central District of California Western Division 18 255 East Temple Street Los Angeles, CA 90012-3332 19 0 3. Considering this case is to be transferred to the Central District of California, this 1 Court declines to rule on Petitioner’s motions to proceed in forma pauperis and for the 09 appointment of counsel. (Doc. Nos. 2, 3). 23 IT IS SO ORDERED. 24 29 | Dated: _ January 13, 2021 Mile. Wh fareh fackte 26 HELENA M. BARCH-KUCHTA UNITED STATES MAGISTRATE JUDGE 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28