(HC) Dunlap v. The Superior Court of San Bernardino County ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JERMAINE JOSEPH DUNLAP, No. 2:22-cv-1050 AC P 12 Petitioner, 13 v. ORDER 14 SUPERIOR COURT OF SAN BERNARDINO COUNTY, et al., 15 Respondents. 16 17 18 Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas 19 corpus pursuant to 28 U.S.C. § 2254. 20 Petitioner is presently incarcerated at R.J. Donovan Correctional Facility in San Diego 21 County and is serving a sentence for a conviction rendered by the San Bernardino County 22 Superior Court. Though it is not clear, the petition appears to challenge the denial of a petition 23 for resentencing. 24 Pursuant to 28 U.S.C § 2241(d), courts in both the district of conviction and the district of 25 confinement have concurrent jurisdiction over applications for habeas corpus filed by state 26 prisoners. Because petitioner was not convicted in this district, and is not presently confined 27 here, this court does not have jurisdiction to entertain the application. It further appears that the 28 most appropriate forum for the instant action is the district where petitioner is confined. See 1 |} Braden v. 30th Jud. Cir. Ct., 410 U.S. 484, 499 & n.15 (1973) (district of conviction is generally 2 || the more convenient forum for challenges to conviction). Therefore, this action will be 3 | transferred to the United States District Court for the Central District of California. 4 Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the United 5 || States District Court for the Central District of California. 6 || DATED: June 22, 2022 ~ 7 Httven— Lhar—e_ ALLISON CLAIRE 8 UNITED STATES MAGISTRATE JUDGE 9 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28