(HC) Morales v. Cates ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 HIPOLITO D. MORALES, Case No. 1:21-cv-01521-HBK (HC) 12 Petitioner, ORDER TRANSFERRING CASE TO THE CENTRAL DISTRICT OF CALIFORNIA, 13 v. EASTERN DIVISION 14 B. CATES, (Doc. No. 1) 15 Respondent. 16 17 18 Petitioner is proceeding on his petition for writ of habeas corpus filed pursuant to 28 19 U.S.C. § 2254. (Doc. No. 1). Petitioner, a state prisoner is incarcerated in Kern County, which is 20 located within the jurisdiction and venue of this Court. Petitioner challenges his October 7, 2015 21 state sentence and conviction entered by the Superior Court of Riverside County, which is located 22 within the jurisdiction and venue of the Eastern Division of the United States District Court for 23 the Central District of California.1 24 Under 28 U.S.C. § 2241(d), jurisdiction is proper in the judicial district where the petitioner was 25 26 convicted or where the petitioner is incarcerated. Therefore, both the Central District of 27 1 The Petitioner also appears to make claims related to conditions of confinement and the Covid-19 28 pandemic, but these claims are not at the root of the habeas petition nor viable via a habeas petition. 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, “[flor the convenience of 3 parties and witnesses, in the interest of justice, a district court may transfer any civil action to any 4 other district or division where it might have been brought.” 28 U.S.C. § 1404(a). Federal courts 5 6 in California generally hear petitions for writ of habeas corpus in the district of conviction. Favor 7] v. California, No. 116-CV-01912-DAD-EPG-HC, 2017 WL 2671006, at *1 (E.D. Cal. June 21, 8 | 2017) (citing Laue v. Nelson, 279 F. Supp. 265, 266 (N.D. Cal. 1968). Thus, the Court finds in its 9 | discretion “and in furtherance of justice” the petition should be transferred to the Central District 10 | of California. 28 U.S.C. §§ 1404(a), 2241(d). 11 Accordingly, it is hereby ORDERED: 12 B 1. The Clerk shall transfer this action to the United States District Court for the Central 14 District of California, Eastern Division; and 15 2. All future filings shall reference the new case number assigned and shall be filed at: 16 United States District Court Central District of California 17 Eastern Division 3470 Twelfth Street 18 Riverside, CA 92501-3801 19 59 || Dated: _October 15, 2021 Kho. Th. Aare4 Hise □□□ HELENA M. BARCH-KUCHTA 71 UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27 28