(HC) Cole v. United States ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CARLYLE LEE COLE, Case No. 1:21-cv-00269-HBK 12 Petitioner, ORDER TRANSFERRING CASE TO THE CENTRAL DISTRICT OF CALIFORNIA 13 v. (Doc. No. 1) 14 UNITED STATES OF AMERICA, 15 Respondent. 16 17 Petitioner is proceeding on his petition for writ of habeas corpus filed pursuant to 28 U.S.C. 18 § 2241. (Doc. No. 1). Petitioner, a prisoner incarcerated in Santa Barbara County, which is located 19 within the jurisdiction and venue of the Western Division of the United States District Court for 20 the Central District of California, challenges his February 24, 2014 federal sentence and conviction 21 entered by the Fresno Division of this Court. 22 Here, Petitioner brings his claims under § 2241, pursuant to the savings clause of § 2255. 23 “[A] habeas petition filed pursuant to § 2241 must be heard in the custodial court . . . even if 24 the § 2241 petition contests the legality of a sentence by falling under the savings clause.” 25 Hernandez v. Campbell, 204 F.3d 861, 865 (9th Cir. 2000). Thus, the Court finds in its discretion 26 “and in furtherance of justice” that the petition should be transferred to the Central District of 27 California. 28 U.S.C. §§ 1404(a), 2241(d). 28 1 Accordingly, 2 1. The Clerk shall transfer this action to the United States District Court for the Central District 3 4 of California, Western Division; and 2. All future filings shall reference the new case number assigned and shall be filed at: 5 6 United States District Court Central District of California 7 Western Division 255 East Temple Street 8 Los Angeles, CA 90012-3332 9 10 IT IS SO ORDERED. 11 OY, Dated: __March 3, 2021 o.[h. Sareh Zaskth 12 HELENA M. BARCH-KUCHFA B UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28