(HC) Barkacs v. Goodwin ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JAMES ROBERT BARKACS, 1:22-cv-00986 BAK (HBK) 12 Petitioner, ORDER TRANSFERRING CASE TO THE 13 v. SOUTHERN DISTRICT OF CALIFORNIA 14 GOODWIN, et al., (Doc. No. 1) 15 Respondent. 16 17 18 19 Petitioner James Robert Barkacs is proceeding pro se on his petition for writ of habeas 20 corpus filed pursuant to 28 U.S.C. § 2254 on August 9, 2022. (Doc. No. 1). Barkacs is a state 21 prisoner incarcerated at Pleasant Valley Prison, Coalinga, California, which is within the 22 jurisdiction and venue of this Court’s Fresno Division. (Id. at 1). Barkacs challenges his April 6, 23 2005 state sentence and conviction entered by the Superior Court of San Diego, which is located 24 within the jurisdiction and venue of the San Diego Division of the United States District Court for 25 the Southern District of California. (Id. at 2). 26 Under 28 U.S.C. § 2241(d), jurisdiction is proper in the judicial district where the 27 petitioner was convicted or where the petitioner is incarcerated. Therefore, both the Southern 28 District of California and the Eastern District of California have concurrent jurisdiction. See 28 1 | ULS.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 | district of conviction. Favor v. California, No. 116-CV-01912-DAD-EPG-HC, 2017 WL 6 | 2671006, at *1 (E.D. Cal. June 21, 2017) (citing Laue v. Nelson, 279 F. Supp. 265, 266 (N.D. 7 | Cal. 1968). Thus, the Court finds in its discretion “‘and in furtherance of justice” the petition 8 || should be transferred to the Southern District of California. 28 U.S.C. $§ 1404(a), 2241(d). 9 Accordingly, it is hereby ORDERED: 10 The Clerk of Court shall transfer this action to the United States District Court for the 11 | Southern District of California, San Diego Division. 12 'S | Dated: _ August 22, 2022 Mile. Wh. foareh Zaskth 14 HELENA M. BARCH-KUCHTA UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28