(HC) Williams v. Robertson ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL LEON WILLIAMS, 1:21-cv-01292-HBK (HC) 12 Petitioner, ORDER TRANSFERRING CASE TO THE SACRAMENTO DIVISION OF THE 13 v. EASTERN DISTRICT OF CALIFORNIA 14 JIM ROBERTSON, (Doc. No. 1). 15 Respondent. 16 17 Petitioner Michael Leon Williams is proceeding pro se on his petition for writ of habeas 18 corpus filed pursuant to 28 U.S.C. § 2254. (Doc. No. 1). Petitioner is a prisoner incarcerated in 19 Del Norte County, which is located within the jurisdiction of the United States District Court for 20 the Northern District of California. Petitioner challenges his state sentence and conviction 21 entered by the Superior Court of Solano County, which is located within the jurisdiction and 22 venue of the Sacramento Division of the United States District Court for the Eastern District of 23 California. 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 Sacramento Division Eastern District of California have concurrent 27 jurisdiction. See 28 U.S.C. § 2241(d); Rumsfeld v. Padilla, 542 U.S. 426, 428 (2004). However, 28 “[f]or the convenience of parties and witnesses, in the interest of justice, a district court may 1 | transfer any civil action to any other district or division where it might have been brought.” 28 2 | U.S.C. § 1404(a). Federal courts in California generally hear petitions for writ of habeas corpus 3 | in the district of conviction. Favor v. California, No. 116-CV-01912-DAD-EPG-HC, 2017 WL 4 | 2671006, at *1 (E.D. Cal. June 21, 2017) (citing Laue v. Nelson, 279 F. Supp. 265, 266 (N.D. 5 } Cal. 1968). 6 Thus, the Court finds in its discretion “and in furtherance of justice” the petition should 7 | be transferred to the Sacramento Division of the Eastern District of California. 28 U.S.C. 8§ 8 | 1404(a), 2241(d). 9 Accordingly, 10 1. The Clerk shall transfer this action to the United States District Court for the Eastern 11 | District of California, Sacramento Division; and 12 2. All future filings shall reference the new case number assigned and shall be filed at: 13 United States District Court 14 Sacramento Division Eastern District of California 15 501 "I" Street, Suite 4-200 16 Sacramento, CA 95814 17 1g | Dated: _ August 26, 2021 oe N faereh Zackte HELENA M. BARCH-KUCHTA 19 UNITED STATES MAGISTRATE JUDGE 20 21 22 23 24 25 26 27 28