(HC) Brooks v. People of the State of California ( 2021 )

1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 RENARD BROOKS, JR., Case No. 21-cv-06989-KAW (PR) 8 Petitioner, v. ORDER OF TRANSFER 9 10 PEOPLE OF THE STATE OF CALIFORNIA, 11 Respondent. 12 13 Petitioner, a state prisoner incarcerated at California State Prison - Los Angeles, has filed a 14 pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, challenging the validity 15 16 of his conviction obtained in Fresno County Superior Court. 17 A federal petition for a writ of habeas corpus made by a person in custody under the 18 judgment and sentence of a state court is properly filed in either the district of confinement or the 19 district of conviction. 28 U.S.C. § 2241(d). The district court where the petition is filed may 20 transfer the petition to the proper district in the furtherance of justice. Id. Federal courts in 21 California traditionally have chosen to hear petitions challenging a conviction or sentence in the 22 district of conviction. Dannenberg v. Ingle, 831 F. Supp. 767, 767 (N.D. Cal. 1993). 23 24 Petitioner was convicted in Fresno County Superior Court, which lies within the venue of 25 the Eastern District of California. 28 U.S.C. § 84(b). Accordingly, pursuant to 28 U.S.C. 26 § 1406(a) and Habeas L.R. 2254-3(b), and in the interest of justice, the Clerk of the Court is 27 ordered to TRANSFER this action to the United States District Court for the Eastern District of 1 California. 2 All pending motions are TERMINATED on this Court’s docket as no longer pending in 3 this Court. 4 IT IS SO ORDERED. 5 Dated: September 27, 2021 6 + 7 KANDIS A. WESTMORE 8 United States Magistrate Judge 9 10 11 a 12 13 14 15 16 = 17 6 Z 18 19 20 21 22 23 24 25 26 27 28