(HC) Kishor v. Matteson ( 2021 )

1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 CHANDRA KISHOR, 7 Case No. 21-cv-05027-KAW (PR) Petitioner, 8 v. ORDER OF TRANSFER 9 GIGI MATTESON, Warden, 10 Respondent. 11 12 13 Petitioner, an inmate at California State Prison, Solano (“SOL”), in Vacaville, proceeding 14 pro se, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2254 seeking expedited 15 release because he has underlying health conditions that make him susceptible to Covid19 and 16 because of unsafe and inadequate Covid19 protocols at SOL. Petitioner was convicted and 17 sentenced in the Sacramento County Superior Court. Both Sacramento County and SOL are 18 located in the Eastern District of California. 19 A federal petition for a writ of habeas corpus made by a person in custody under the 20 judgment and sentence of a state court is properly filed in either the district of confinement or the 21 district of conviction. 28 U.S.C. § 2241(d). The district court where the petition is filed may 22 transfer the petition to the proper district in the furtherance of justice. Id. Federal courts in 23 California traditionally have chosen to hear petitions challenging a conviction or sentence in the 24 district of conviction. See Dannenberg v. Ingle, 831 F. Supp. 767, 767 (N.D. Cal. 1993). But if 25 the petition challenges the manner in which a sentence is being executed, e.g., if it involves parole 26 or time credits claims, the district of confinement is the preferable forum. See Habeas L.R. 2254- 27 3(b)(2); Dunne v. Henman, 875 F.2d 244, 249 (9th Cir. 1989). 1 district of confinement, the Eastern District, is the proper venue for this proceeding. Even if 2 || Petitioner challenged his conviction or sentence, the proper district would also be the Eastern 3 District. 4 Accordingly, pursuant to 28 U.S.C. § 1406(a) and Habeas L.R. 2254-3(b), and in the 5 || interest of justice, the Clerk of the Court is ordered to TRANSFER this action to the United States 6 || District Court for the Eastern District of California. 7 All pending motions are TERMINATED on this Court’s docket. 8 9 IT IS SO ORDERED. 10 Dated: July 30, 2021 11 NDIS A. WESTMORE 12 United States Magistrate Judge © 15 16 = 17 Z 18 19 20 21 22 23 24 25 26 27 28