(HC) Devon v. State of California Superior- Supreme Court ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ALAN DEVON, Case No. 1:21-cv-01259-HBK 12 Petitioner, ORDER TRANSFERRING CASE TO THE CENTRAL DISTRICT OF CALIFORNIA 13 v. (Doc. No. 1) 14 STATE OF CALIFORNIA, SUPERIOR- SUPREME COURT, 15 Respondent. 16 17 18 19 Petitioner is proceeding on his petition for writ of habeas corpus filed pursuant to 28 20 U.S.C. § 2254. (Doc. No. 1). Petitioner is a prisoner incarcerated in Kern County, which is 21 located within the jurisdiction and venue of this Court. Petitioner challenges his November 1993 22 state sentence entered by the Superior Court of Los Angeles County, which is located within the 23 jurisdiction and venue of the Western Division of the United States District Court for the Central 24 District of California. Petitioner primarily complains that his military service was not considered 25 at his sentencing and requests a reduction in his sentence. (Id. at 3). Petitioner was denied this 26 relief before the Los Angeles County Superior Court. (Id. at 23). Petitioner also states that his 27 Eighth Amendment and Due Process rights have been violated and refers to youth offender parole 28 hearings and racial injustice. (Id. at 3). 1 Under 28 U.S.C. § 2241(d), jurisdiction is proper in the judicial district where the 2 || petitioner was convicted or where the petitioner is incarcerated. Therefore, both the Central 3 | District of California and the Eastern District of California have concurrent jurisdiction. See 28 4 | US.C. § 2241(d); Rumsfeld v. Padilla, 542 U.S. 426, 428 (2004). However, “[f]or the 5 || convenience of parties and witnesses, in the interest of justice, a district court may transfer any 6 | civil action to any other district or division where it might have been brought.” 28 U.S.C. § 7 | 1404(a). Federal courts in California generally hear petitions for writ of habeas corpus in the 8 | district of conviction. Favor v. California, No. 116-CV-01912-DAD-EPG-HC, 2017 WL 9 | 2671006, at *1 (E.D. Cal. June 21, 2017) (citing Laue v. Nelson, 279 F. Supp. 265, 266 (N.D. 10 | Cal. 1968). Thus, the Court finds in its discretion “and in furtherance of justice” the petition 11 | should be transferred to the Central District of California. 28 U.S.C. §§ 1404(a), 2241(d). The 12 | Court declines to rule on Petitioner’s “application for leave to file petition,” which was addressed 13 | to the Ninth Circuit Court of Appeals. (Doc. No. 2). 14 Accordingly, it is hereby ORDERED: 15 1. The Clerk shall transfer this action to the United States District Court for the Central 16 | District of California, Western Division; and 17 2. All future filings shall reference the new case number assigned and shall be filed at: 18 United States District Court Central District of California 19 Western Division 350 W Ist Street, Suite 4311 20 Los Angeles, CA 90012-4565 21 59 | Dated: _ August 20, 2021 Mbrv. lh. fared - HELENA M. BARCH-KUCHTA 23 UNITED STATES MAGISTRATE JUDGE 24 25 26 27 28