(HC) Mejia v. Superior Court of California County of Los Angeles ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RAFAEL A. MEJIA, Case No. 1:21-cv-00183-HBK (HC) 12 Petitioner, ORDER TRANSFERRING CASE TO THE UNITED STATES DISTRICT COURT FOR 13 v. THE CENTRAL DISTRICT OF CALIFORNIA 14 SUPERIOR COURT OF CALIFORNIA (Doc. No. 1) COUNTY OF LOS ANGELES, 15 Respondent. 16 17 18 Petitioner Rafael A. Mejia is proceeding on his petition for writ of habeas corpus filed 19 pursuant to 28 U.S.C. § 2254. (Doc. No. 1). Petitioner, a prisoner incarcerated in Kern County, 20 which is located within the jurisdiction and venue of this court’s Fresno Division, challenges his 21 state sentence and conviction entered by the Superior Court of Los Angeles, which is located within 22 the jurisdiction and venue of the Western Division of the United States District Court for the Central 23 District of California. 24 Under 28 U.S.C. § 2241(d), jurisdiction is proper in the judicial district where the petitioner 25 was convicted or where the petitioner is incarcerated. Therefore, both the Central District of 26 California and the Eastern District of California have concurrent jurisdiction. See 28 U.S.C. § 27 2241(d); Rumsfeld v. Padilla, 542 U.S. 426, 428 (2004). However, “[f]or the convenience of parties 28 1 | and witnesses, in the interest of justice, a district court may transfer any civil action to any other 2 | district or division where it might have been brought.” 28 U.S.C. § 1404(a). Federal courts in 3 | California generally hear petitions for writ of habeas corpus in the district of conviction. Favor v. 4 | California, No. 116-CV-01912-DAD-EPG-HC, 2017 WL 2671006, at *1 (E.D. Cal. June 21, 2017) 5 | (citing Laue v. Nelson, 279 F. Supp. 265, 266 (N.D. Cal. 1968). 6 Thus, the Court finds in its discretion “and in furtherance of justice” the petition should be 7 | transferred to the Central District of California. 28 U.S.C. §§ 1404(a), 2241(d). 8 Accordingly, 9 1. The Clerk shall transfer this action to the United States District Court for the Central 10 District of California, Western Division; and 11 2. All future filings shall reference the new case number assigned and shall be filed at: 12 United States District Court 13 Central District of California Western Division 14 255 East Temple St., Suite 180 5 Los Angeles, CA 90012 16 | IT IS SOORDERED. 17 18 | Dated: _ February 17, 2021 Nh. fareh Zackte HELENA M. BARCH-KUCHTA 19 UNITED STATES MAGISTRATE JUDGE 20 21 22 23 24 25 26 27 28