(HC) Gosztyla v. Paralles ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 CHANTELL GOSZTYLA, 1:21-cv-01462-HBK (HC) 12 Petitioner, ORDER TRANSFERRING CASE TO THE 13 v. SACRAMENTO DIVISION OF THE EASTERN DISTRICT OF CALIFORNIA 14 M. PARALLES, 15 Respondent. 16 17 Petitioner is proceeding pro se on her petition for writ of habeas corpus filed pursuant to 18 28 U.S.C. § 2254. (Doc. No. 1). Petitioner is a prisoner incarcerated in Madera County, which is 19 located within the jurisdiction and venue of this court’s Fresno Division. Petitioner challenges 20 her state sentence and conviction entered by the Superior Court of Sacramento County, which is 21 located within the jurisdiction and venue of the Sacramento Division of the United States District 22 Court for the Eastern District of California. 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 Fresno 25 Division and the Sacramento Division of the Eastern District of California have concurrent 26 jurisdiction. See 28 U.S.C. § 2241(d); Rumsfeld v. Padilla, 542 U.S. 426, 428 (2004). However, 27 “[f]or the convenience of parties and witnesses, in the interest of justice, a district court may 28 transfer any civil action to any other district or division where it might have been brought.” 28 1 | U.S.C. § 1404(a). Federal courts in California generally hear petitions for writ of habeas corpus 2 | in the district of conviction. Favor v. California, No. 116-CV-01912-DAD-EPG-HC, 2017 WL 3 | 2671006, at *1 (E.D. Cal. June 21, 2017) (citing Laue v. Nelson, 279 F. Supp. 265, 266 (N.D. 4 | Cal. 1968). 5 Thus, the Court finds in its discretion “and in furtherance of justice” the petition should be 6 | transferred to the Sacramento Division of the Eastern District of California. 28 U.S.C. □□□□□□□□□□ 7 || 2241(d). Further, the Court declines to rule on Petitioner’s pending motion for extension of time. 8 || (Doc. No. 2). 9 Accordingly, 10 1. The Clerk shall transfer this action to the Sacramento Division of the United States 11 District Court for the Eastern District of California; and 12 2. All future filings shall reference the new case number assigned and shall be filed at: 13 14 United States District Court Eastern District of California 15 501 “T° Street, Suite 4-200 Sacramento, CA 95814 16 17 | Dated: _ October 1, 2021 Mile. Wh fareh Zaskth HELENA M. BARCH-KUCHTA 18 UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28