(HC) Sunny v. People of the State of CA ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 STEVEN SUNNY, Case No. 1:23-cv-00247-ADA-HBK (HC) 12 Petitioner, ORDER GRANTING MOTION TO TRANSFER CASE TO THE CENTRAL 13 v. DISTRICT OF CALIFORNIA 14 MATTHEW MCVAY, WARDEN, (Doc. No. 14) 15 Respondent. 16 17 18 19 Petitioner is proceeding on his first amended petition for writ of habeas corpus filed 20 pursuant to 28 U.S.C. § 2254 on March 27, 2023. (Doc. No. 10). Petitioner challenges his 21 conviction and sentence presumably entered by the Superior Court of Madera County, which is 22 under the jurisdiction of this Court. (Id. at 4). On April 17, the Court directed Respondent to 23 respond to the amended petition. (Doc. No. 11). In response, Respondent filed a Motion to 24 Transfer the Petition on June 16, 2023.1 (Doc. No. 14).2 In support, Respondent submits 25 1 Respondent cites Petitioner’s initial petition for writ of habeas corpus when outlining the 26 misidentification of his county of conviction. (Doc. 14 at 1 (citing Doc. No. 1)). The Court notes that Petitioner filed a first amended petition at Doc. No. 10, however, the references to Madera County are 27 identical in the first amended petition. 2 The Court finds it need to await a response by Petitioner since this Court has the authority to sua sponte 28 transfer this case in the interests of justice. 1 | documentation that the conviction Petitioner is challenging was entered by San Bernardino 2 | County Superior Court, and therefore contends that the case should be transferred to the Central 3 | District of California. (Doc. No. 14 at 1; Doc. No. 15). 4 Under 28 U.S.C. § 2241(d), jurisdiction is proper in the judicial district where the 5 || petitioner was convicted or where the petitioner is incarcerated. See 28 U.S.C. § 2241(d); 6 | Rumsfeld v. Padilla, 542 U.S. 426, 428 (2004). However, “[flor the convenience of parties and 7 | witnesses, in the interest of justice, a district court may transfer any civil action to any other 8 | district or division where it might have been brought.” 28 U.S.C. § 1404(a). Federal courts in 9 | California generally hear petitions for writ of habeas corpus in the district of conviction. Favor v. 10 | California, No. 116-CV-01912-DAD-EPG-HC, 2017 WL 2671006, at *1 (E.D. Cal. June 21, 11 2017) (citing Laue v. Nelson, 279 F. Supp. 265, 266 (N.D. Cal. 1968)). 12 Thus, the Court finds in its discretion “and in furtherance of Justice” the petition should 13 || be transferred to the Central District of California. 28 U.S.C. $§ 1404(a), 2241(d). 14 Accordingly, it is ORDERED: 15 1. Respondent’s Motion to Transfer the Petition (Doc. No. 14) is GRANTED. 16 2. The Clerk shall transfer this action to the United States District Court for the Central 17 District of California, Eastern Division and close this action in this Court upon 18 transfer; and 19 3. All future filings shall reference the new case number assigned and shall be filed at: 20 United States District Court 21 Central District of California Eastern Division 22 3470 Twelfth Street 33 Riverside, CA 92501-3801 24 25 | Dated: _ June 29, 2023 ooo. Uh. Sareh Back HELENA M. BARCH-KUCHTA 26 UNITED STATES MAGISTRATE JUDGE 27 28