(HC) Rojas Barriga v. Cates ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOSE ANTONIO ROJAS BARRIGA, Case No. 1:21-cv-01366-HBK 12 Petitioner, ORDER TRANSFERRING CASE TO THE CENTRAL DISTRICT OF CALIFORNIA 13 v. (Doc. No. 1) 14 B. CATES, 15 Respondent. 16 Petitioner is proceeding on his petition for writ of habeas corpus filed pursuant to 28 17 18 U.S.C. § 2254. (Doc. No. 1). Petitioner is a prisoner incarcerated in Kern County, which is 19 located within the jurisdiction and venue of this Court. Petitioner challenges his May 6, 2016 20 state sentence and conviction entered by the Superior Court of San Luis Obispo County, which is 21 located within the jurisdiction and venue of the Western Division of the United States District 22 Court for the Central District of California.1 23 Under 28 U.S.C. § 2241(d), jurisdiction is proper in the judicial district where the 24 petitioner was convicted or where the petitioner is incarcerated. Therefore, both the Central 25 26 District of California and the Eastern District of California have concurrent jurisdiction. See 28 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 | U.S.C. § 2241(d); Rumsfeld v. Padilla, 542 U.S. 426, 428 (2004). However, “[f]or the 2 convenience of parties and witnesses, in the interest of justice, a district court may transfer any 3 civil action to any other district or division where it might have been brought.” 28 U.S.C. § 4 1404(a). Federal courts in California generally hear petitions for writ of habeas corpus in the 5 6 district of conviction. Favor v. California, No. 116-CV-01912-DAD-EPG-HC, 2017 WL 7 | 2671006, at *1 (E.D. Cal. June 21, 2017) (citing Laue v. Nelson, 279 F. Supp. 265, 266 (N.D. 8 | Cal. 1968). 9 Thus, the Court finds in its discretion “and in furtherance of justice” the petition should 10 be transferred to the Central District of California. 28 U.S.C. 88 1404(a), 2241(d). 11 Accordingly, 12 13 1. The Clerk shall transfer this action to the United States District Court for the Central 14 District of California, Western Division; and 15 2. All future filings shall reference the new case number assigned and shall be filed at: 16 United States District Court 17 Central District of California Western Division 18 255 East Temple Street Los Angeles, CA 90012-3332 19 20 Dated: _ September 16, 2021 oo. Zh. fared Hack HELENA M. BARCH-KUCHTA UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27 28