(HC) Sambrano v. Cates ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 OSCAR FERNANDO SAMBRANO, Case No. 1:21-cv-01365-HBK 12 Petitioner, ORDER TRANSFERRING CASE TO THE CENTRAL DISTRICT OF CALIFORNIA 13 v. (Doc. No. 1) 14 B. CATES, 15 Respondent. 16 17 Petitioner is proceeding on his petition for writ of habeas corpus filed pursuant to 28 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 July 12, 2019 20 state sentence and conviction entered by the Superior Court of Riverside County, which is located 21 within the jurisdiction and venue of the Eastern Division of the United States District Court for 22 the Central District of California.1 23 24 Under 28 U.S.C. § 2241(d), jurisdiction is proper in the judicial district where the 25 petitioner was convicted or where the petitioner is incarcerated. Therefore, both the Central 26 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 or viable via a habeas petition. 1 | District of California and the Eastern District of California have concurrent jurisdiction. See 28 2 U.S.C. § 2241(d); Rumsfeld v. Padilla, 542 U.S. 426, 428 (2004). However, “[fJor the 3 convenience of parties and witnesses, in the interest of justice, a district court may transfer any 4 civil action to any other district or division where it might have been brought.” 28 U.S.C. § 5 6 1404(a). Federal courts in California generally hear petitions for writ of habeas corpus in the 7 district of conviction. Favor v. California, No. 116-CV-01912-DAD-EPG-HC, 2017 WL 8 | 2671006, at *1 (E.D. Cal. June 21, 2017) (citing Laue v. Nelson, 279 F. Supp. 265, 266 (N.D. 9 | Cal. 1968). 10 Thus, the Court finds in its discretion “and in furtherance of justice” the petition should 11 be transferred to the Central District of California. 28 U.S.C. 88 1404(a), 2241(d). 12 Accordingly 13 14 1. The Clerk shall transfer this action to the United States District Court for the Central 15 District of California, Eastern Division; and 16 2. All future filings shall reference the new case number assigned and shall be filed at: 17 United States District Court 18 Central District of California Eastern Division 19 3470 Twelfth Street 20 Riverside, CA 92501-3801 21 SZ, Li Dated: _ September 16, 2021 Lhep_o TA. Bareh 7 22 HELENA M. BARCH-KUCHTA 53 UNITED STATES MAGISTRATE JUDGE 24 25 26 27 28