(HC) Simmons v. Allison ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MELVIN JOSEPH SIMMONS, Case No. 1:22-cv-01031-HBK (HC) 12 Petitioner, ORDER TRANSFERRING CASE TO THE CENTRAL DISTRICT OF CALIFORNIA 13 v. (Doc. No. 1) 14 KATHLEEN ALLISON, ET. AL., 15 Respondents. 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). To the extent discernable, Petitioner challenges his state sentence 19 and conviction entered by the Superior Court of Los Angeles County in case number A917709. 20 (Id. at 4). Los Angeles County is located within the jurisdiction and venue of the Western 21 Division of the United States District Court for the Central District of California. 22 Under 28 U.S.C. § 2241(d), jurisdiction is proper in the judicial district where the 23 petitioner was convicted or where the petitioner is incarcerated. See 28 U.S.C. § 2241(d); 24 Rumsfeld v. Padilla, 542 U.S. 426, 428 (2004). However, “[f]or the convenience of parties and 25 witnesses, in the interest of justice, a district court may transfer any civil action to any other 26 district or division where it might have been brought.” 28 U.S.C. § 1404(a). Federal courts in 27 California generally hear petitions for writ of habeas corpus in the district of conviction. Favor v. 28 1 California, No. 116-CV-01912-DAD-EPG-HC, 2017 WL 2671006, at *1 (E.D. Cal. June 21, 2 | 2017) (citing Laue v. Nelson, 279 F. Supp. 265, 266 (N.D. Cal. 1968)). 3 Thus, the court finds in its discretion “and in furtherance of justice” the petition should be 4 | transferred to the Central District of California. 28 U.S.C. §§ 1404(a), 2241(d). Further, the 5 | Court declines to rule on Petitioner’s pending motion for a temporary restraining order. (Doc. 6 | No. 2). 7 Accordingly: 8 1. The Clerk shall transfer this action to the United States District Court for the Central 9 | District of California, Western Division; and 10 2. All future filings shall reference the new case number assigned and shall be filed at: 11 United States District Court 12 Central District of California Western Division 13 255 East Temple Street 4 Los Angeles, CA 90012-3332 15 16 | Dated: _ September 26, 2022 ooo. Uh. Sareh Zackte HELENA M. BARCH-KUCHTA 17 UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27 28