(HC) Smith v. On Habeas Corpus ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KENNETH WALTER LOUIS SMITH, Case No. 1:23-cv-00007-HBK (HC) 12 Petitioner, ORDER TRANSFERRING CASE TO THE EASTERN DIVISION OF THE CENTRAL 13 v. DISTRICT OF CALIFORNIA 14 ON HABEAS CORPUS, (Doc. No. 1) 15 Respondent. 16 17 18 Petitioner initiated this action while by filing a petition for writ of habeas corpus 19 challenging prison disciplinary proceedings that resulted in the loss of time credits. (Doc. No. 1 20 at 3). Under 28 U.S.C. § 2241(d), jurisdiction is proper in the judicial district where the petitioner 21 was convicted or where the petitioner is incarcerated. See 28 U.S.C. § 2241(d); Rumsfeld v. 22 Padilla, 542 U.S. 426, 428 (2004). However, “[f]or the convenience of parties and witnesses, in 23 the interest of justice, a district court may transfer any civil action to any other district or division 24 where it might have been brought.” 28 U.S.C. § 1404(a). As a general rule, “[t]he proper forum 25 to challenge the execution of a sentence is the district where the prisoner is confined.” Dunne v. 26 Henman, 875 F.2d 244, 249 (9th Cir. 1989). 27 28 1 Petitioner filed the petition while incarcerated at the California Institution for Men located 2 | in San Bernardino County, which lies in the Eastern Division of the United States District Court 3 | forthe Central District of California. Further, the disciplinary proceedings that resulted in the 4 | loss of good time credits took place in this same institution. Thus, the court finds in its discretion 5 | “and in furtherance of justice” the petition should be transferred to the Eastern Division of the 6 | Central District of California. 28 U.S.C. $§ 1404(a), 2241(d). 7 Accordingly: 8 1. The Clerk shall transfer this action to the United States District Court for the Central 9 | District of California, Eastern 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 Eastern Division 13 3470 Twelfth Street 4 Riverside, CA 92501-3801 15 16 | Dated: _ January 5, 2023 ZA. fareh 7 HELENA M. BARCH-KUCHTA 17 UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27 28