(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 SIMMONS, JR., Case No. 1:22-cv-01243-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). Petitioner challenges his state sentence and conviction entered by 19 the Superior Court of Los Angeles County in case number A917709. (Id. at 1, 5). Los Angeles 20 County is located within the jurisdiction and venue of the Western Division of the United States 21 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). 5 Accordingly: 6 1. The Clerk shall transfer this action to the United States District Court for the Central 7 | District of California, Western 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 Central District of California Western Division 11 255 East Temple Street D Los Angeles, CA 90012-3332 13 Dated: _ October 4, 2022 Nobo. Uh. Bareh Zaskth 14 HELENA M. BARCH-KUCHTA UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28