(HC) Diaz v. Warden ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 FELIPE POLANCO DIAZ, Case No. 1:23-cv-00412-HBK (HC) 12 Petitioner, ORDER TRANSFERRING CASE TO THE NORTHERN DISTRICT OF CALIFORNIA 13 v. (Doc. No. 1) 14 WARDEN, 15 Respondent. 16 17 18 Petitioner is proceeding on his petition for writ of habeas corpus filed pursuant to 28 19 U.S.C. § 2254. (Doc. No. 1). To the extent discernable, Petitioner challenges his state sentence 20 and conviction entered by the Superior Court of Santa Clara County. (Id. at 5-13). Santa Clara 21 County is located within the jurisdiction and venue of the San Jose Division of the United States 22 District Court for the Northern District of California. 23 Under 28 U.S.C. § 2241(d), jurisdiction is proper in the judicial district where the 24 petitioner was convicted or where the petitioner is incarcerated. See 28 U.S.C. § 2241(d); 25 Rumsfeld v. Padilla, 542 U.S. 426, 428 (2004). However, “[f]or the convenience of parties and 26 witnesses, in the interest of justice, a district court may transfer any civil action to any other 27 district or division where it might have been brought.” 28 U.S.C. § 1404(a). Federal courts in 28 California generally hear petitions for writ of habeas corpus in the district of conviction. Favor v. 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 4 | be transferred to the Northern District of California. 28 U.S.C. $$ 1404(a), 2241(d). 5 Accordingly: 6 1. The Clerk shall transfer this action to the United States District Court for the Northern 7 | District of California, San Jose Division; and 8 2. All future filings shall reference the new case number assigned and shall be filed at: 9 United States District Court 10 Northern District of California San Jose Division 11 280 South Ist Street, Room 2112 San Jose, CA 95113 12 13 14 OY, Dated: __March 21, 2023 lp». Th. Pareh Zaskth 15 HELENA M. BARCH-KUCHTA 6 UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28