(HC) Robinson v. Brewer ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ANTOINE DWAYNE ROBINSON, No. 2:22-cv-0934 DB P 12 Petitioner, 13 v. ORDER 14 DAVID BREWER, 15 Respondent. 16 17 Petitioner, a federal inmate proceeding pro se, has filed an application for a writ of habeas 18 corpus pursuant to 28 U.S.C. § 2255.1 Based on the information provided in the petition, 19 petitioner was sentenced by the U.S. District Court for the Eastern District of Oklahoma. (ECF 20 No. 1 at 1.) Petitioner seeks to challenge this sentence. (Id.) The sentencing court is the only 21 court with jurisdiction over a § 2255 motion. Braden v. 30th Judicial Circuit Court, 410 U.S. 22 484, 497 (1973); Harrison v. Ollison, 519 F.3d 952, 956 (9th Cir. 2008). Accordingly, this action 23 will be transferred to the court which originally sentenced petitioner. 24 //// 25 1 Petitioner’s application was filed on a form for petition of writ of habeas corpus pursuant to 28 U.S.C. § 2241. However, in the petition, petitioner states that he seeks to challenge a sentence 26 resulting from a federal conviction. As such, this petition properly construed as a petition brought 27 pursuant to 28 U.S.C. § 2255. See Porter v. Adams, 244 F.3d 1006, 1006 (9th Cir. 2001) (“[a] section 2255 motion to the sentencing court is generally the proper vehicle for challenging a 28 conviction”). 1 Accordingly, in the furtherance of justice, IT IS HEREBY ORDERED that this matter is 2 | transferred to the United States District Court for the Eastern District of Oklahoma. 3 | Dated: June 14, 2022 4 5 6 -BORAH BARNES UNITED STATES MAGISTRATE JUDGE 4 8 9 10 11 DB:14 12 || DB/DB Prisoner Inbox/Habeas/R/robi0934. 108 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28