(HC) Aydelott v. California Supreme Court ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 PAUL MURRAY AYDELOTT, Case No. 1:21-cv-00254-HBK 12 Petitioner, ORDER TRANSFERRING CASE TO THE UNITED STATES DISTRICT COURT FOR 13 v. THE CENTRAL DISTRICT OF CALIFORNIA 14 CALIFORNIA SUPREME COURT, (Doc. No. 1) 15 Respondent. 16 17 Petitioner is proceeding on his petition for writ of habeas corpus filed pursuant to 28 U.S.C. 18 § 2254. (Doc. No. 1). Petitioner, a prisoner incarcerated in Madera County, which is located within 19 the jurisdiction and venue of this court’s Fresno Division, challenges his July 14, 2020 state 20 sentence and conviction entered by the Superior Court of Riverside County, which is located within 21 the jurisdiction and venue of the Eastern Division of the United States District Court for the Central 22 District of California. 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 Central District of 25 California and the Eastern District of California have concurrent jurisdiction. See 28 U.S.C. § 26 2241(d); Rumsfeld v. Padilla, 542 U.S. 426, 428 (2004). However, “[f]or the convenience of parties 27 and witnesses, in the interest of justice, a district court may transfer any civil action to any other 28 district or division where it might have been brought.” 28 U.S.C. § 1404(a). Federal courts in 1 | California generally hear petitions for writ of habeas corpus in the district of conviction. Favor v. 2 | California, No. 116-CV-01912-DAD-EPG-HC, 2017 WL 2671006, at *1 (E.D. Cal. June 21, 2017) 3 | (citing Laue v. Nelson, 279 F. Supp. 265, 266 (N.D. Cal. 1968). 4 Thus, the Court finds in its discretion “and in furtherance of justice” the petition should be 5 || transferred to the Eastern Division of the Central District of California. 28 U.S.C. §§ 1404(a), 6 | 2241(d). 7 Accordingly, 8 1. The Clerk shall transfer this action to the United States District Court for the Central 9 District of California, Eastern Division; and 10 2. All future filings shall reference the new case number assigned and shall be filed at: ll United States District Court 12 Central District of California Eastern Division 13 3470 Twelfth Street 4 Riverside, CA 92501-3801 15 | Ir 1S SO ORDERED. 16 17 | Dated: __ February 25, 2021 Moo N.fare4 Zack HELENA M. BARCH-KUCHTA 18 UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28