(HC) Thomas v. Mitchell ( 2019 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DARRIS COLTON THOMAS, Jr., No. 2:19-cv-2442-EFB P 12 Petitioner, 13 v. ORDER 14 DERENDA J. MITCHELL, 15 Respondent. 16 17 Petitioner is a confined to a county jail in Saline County, Kansas. He seeks a writ of 18 habeas corpus pursuant to 28 U.S.C. § 2254 and his petition challenges a January 2019 conviction 19 for indecent solicitation imposed by the Saline County Superior Court, which lies in the United 20 States District Court for the District of Kansas. The general rule with regard to habeas 21 applications is that both the United States District Court in the district where petitioner was 22 convicted and the District Court where petitioner is incarcerated have jurisdiction over the claims. 23 See Braden v. 30th Judicial Circuit Court, 410 U.S. 484 (1973). In the instant case, both 24 petitioner’s conviction and his place of incarceration occurred in an area covered by the District 25 Court for the District of Kansas. 26 ///// 27 ///// 28 ///// 1 Accordingly, in the furtherance of justice, IT IS HEREBY ORDERED that this matter is 2 || transferred to the United States District Court for the District of Kansas. 28 U.S.C. $$ 1406(a), 3 || 2241(d). 4 | DATED: December 9, 2019. Doutta Sid SH □□ 5 EDMUND F. BRENNAN UNITED STATES MAGISTRATE JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28