(HC) Castro v. Covello ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOSEPH A. CASTRO, Case No. 1:22-cv-01408-SAB-HC 12 Petitioner, ORDER TRANSFERRING CASE TO THE SACRAMENTO DIVISION OF THE 13 v. EASTERN DISTRICT OF CALIFORNIA 14 ON HABEAS CORPUS, 15 Respondent. 16 17 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus 18 pursuant to 28 U.S.C. § 2254. 19 When a state prisoner files a habeas petition in a state that contains two or more federal 20 judicial districts, the petition may be filed in either the judicial district in which the petitioner is 21 presently confined or the judicial district in which he was convicted and sentenced. See 28 22 U.S.C. § 2241(d); Rumsfeld v. Padilla, 542 U.S. 426, 442 (2004) (quoting Carbo v. United 23 States, 364 U.S. 611, 618, 81 S. Ct. 338, 5 L. Ed. 2d 329 (1961)). Petitions challenging the 24 execution of a sentence are preferably heard in the district where the inmate is confined. See 25 Dunne v. Henman, 875 F.2d 244, 249 (9th Cir. 1989). Petitions challenging convictions or 26 sentences are preferably heard in the district of conviction. See Laue v. Nelson, 279 F. Supp. 27 265, 266 (N.D. Cal. 1968). Section 2241 further states that, rather than dismissing an improperly 1 | transfer” the habeas petition to another federal district for hearing and determination. Id.; see also 2 | 28 U.S.C. § 1404(a) (court may transfer any civil action “to any other district or division where it 3 | might have been brought” for convenience of parties or “in the interest of justice”). 4 Here, Petitioner challenges a criminal judgment from the San Joaquin County Superior 5 | Court. Therefore, venue is proper in the Sacramento Division. Pursuant to Local Rule 120(f), a 6 | civil action which has not been commenced in the proper court, may, on the court’s own motion, 7 | be transferred to the proper venue within the District. Therefore, this action will be transferred to 8 | the Sacramento Division. 9 Accordingly, IT IS HEREBY ORDERED that: 10 1. This action is transferred to the Sacramento Division of the United States District 11 Court for the Eastern District of California. 12 2. All future filings shall reference the new Sacramento case number assigned and shall 13 be filed at: 14 United States District Court Eastern District of California 15 501 “I” Street, Suite 4-200 16 Sacramento, CA 95814 17 3. This Court has not ruled on Petitioner’s motion to proceed in forma pauperis. 18 19 IT IS SO ORDERED. DAM Le 20 | Dated: _November 4, 2022 _ ef UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27 28