(HC) Partida v. Koenig ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOSE LUIS PARTIDA, Case No. 1:20-cv-00387-SAB-HC 12 Petitioner, ORDER TRANSFERRING CASE TO THE SACRAMENTO DIVISION OF THE 13 v. EASTERN DISTRICT OF CALIFORNIA 14 CRAIG KOENIG, 15 Respondent. 16 17 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus 18 pursuant to 28 U.S.C. § 2254. 19 When a state prisoner files a habeas petition in a state that contains two or more federal 20 judicial districts, the petition may be filed in either the judicial district in which the petitioner is 21 presently confined or the judicial district in which he was convicted and sentenced. See 28 22 U.S.C. § 2241(d); Rumsfeld v. Padilla, 542 U.S. 426, 442 (2004) (quoting Carbo v. United 23 States, 364 U.S. 611, 618 (1961)). Petitions challenging the execution of a sentence are 24 preferably heard in the district where the inmate is confined. See Dunne v. Henman, 875 F.2d 25 244, 249 (9th Cir. 1989). Petitions challenging convictions or sentences are preferably heard in 26 the district of conviction. See Laue v. Nelson, 279 F. Supp. 265, 266 (N.D. Cal. 1968). Section 27 2241 further states that, rather than dismissing an improperly filed action, a district court, “in the 1 | another federal district for hearing and determination. Id.; see also 28 U.S.C. § 1404(a) (court 2 | may transfer any civil action “to any other district or division where it might have been brought” 3 | for convenience of parties or “in the interest of Justice’). 4 Here, Petitioner’s claims relate to his conviction and sentence that occurred in the 5 | Sacramento County Superior Court, which is part of the Sacramento Division of the United 6 | States District Court for the Eastern District of California. See Local Rule 120(d). Therefore, 7 | venue is proper in the Sacramento Division. Pursuant to Local Rule 120(f), a civil action which 8 | has not been commenced in the proper court, may, on the court’s own motion, be transferred to 9 | the proper venue within the District. Therefore, this action will be transferred to the Sacramento 10 | Division. 11 Accordingly, IT IS HEREBY ORDERED that: 12 1. This action is transferred to the Sacramento Division of the United States District 13 Court for the Eastern District of California. 14 2. All future filings shall reference the new Sacramento case number assigned and shall 15 be filed at: 16 United States District Court Eastern District of California 17 501 “TI” Street, Suite 4-200 18 Sacramento, CA 95814 19 3. This Court has not ruled on Petitioner’s motion to proceed in forma pauperis. 20 IT IS SO ORDERED. OF. nf ee 22 | Dated: _March 18, 2020 _ ef 33 UNITED STATES MAGISTRATE JUDGE 24 25 26 27 28