(HC) Hendon v. Burton ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CARLOS HENDON, Case No. 1:21-cv-01246-HBK 12 Petitioner, ORDER TRANSFERRING CASE TO THE NORTHERN DISTRICT OF CALIFORNIA 13 v. (Doc. No. 1) 14 ROBERT BURTON, 15 Respondent. 16 17 Petitioner is proceeding on his petition for writ of habeas corpus filed pursuant to 28 18 U.S.C. § 2254. (Doc. No. 1). Petitioner is a prisoner incarcerated in San Joaquin County, which 19 is located within the jurisdiction and venue of this Court’s Sacramento Division. Petitioner 20 challenges his May 22, 1995 state sentence and conviction entered by the Superior Court of Santa 21 Clara County, which is located within the jurisdiction and venue of the San Jose Division of the 22 United States District Court for the Northern District of California. 23 24 Under 28 U.S.C. § 2241(d), jurisdiction is proper in the judicial district where the 25 petitioner was convicted or where the petitioner is incarcerated. Therefore, both the Northern 26 District of California and the Eastern District of California have concurrent jurisdiction. See 28 27 U.S.C. § 2241(d); Rumsfeld v. Padilla, 542 U.S. 426, 428 (2004). However, “[f]or the 28 1 || convenience of parties and witnesses, in the interest of justice, a district court may transfer any 2 | civil action to any other district or division where it might have been brought.” 28 U.S.C. § 3 1404(a). Federal courts in California generally hear petitions for writ of habeas corpus in the 4 district of conviction. Favor v. California, No. 116-CV-01912-DAD-EPG-HC, 2017 WL 5 6 2671006, at *1 (E.D. Cal. June 21, 2017) (citing Laue v. Nelson, 279 F. Supp. 265, 266 (N.D. 7 | Cal. 1968). 8 Thus, the Court finds in its discretion “and in furtherance of justice” the petition should 9 | be transferred to the Northern District of California. 28 U.S.C. §§ 1404(a), 2241(d). The Court 10 declines to rule on Petitioner’s motion for evidentiary hearing and expansion of the record. (Doc. 11 No. 2). 12 Accordingly 13 14 1. The Clerk shall transfer this action to the United States District Court for the Northern 15 District of California, San Jose Division; and 16 2. All future filings shall reference the new case number assigned and shall be filed at: 17 United States District Court 18 Northern District of California San Jose Division 19 280 South Ist Street, Room 2112 San Jose, CA 95113 20 21 22 || Dated: _ August 18, 2021 Nh. fareh Zackte HELENA M. BARCH-KUCHTA 23 UNITED STATES MAGISTRATE JUDGE 24 25 26 27 28