(HC) Torres-Hurtado v. USP Lompoc Warden ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOSE TORRES-HURTADO, Case No. 1:23-cv-00040-HBK (HC) 12 Petitioner, ORDER TRANSFERRING CASE TO THE WESTERN DIVISION OF THE CENTRAL 13 v. DISTRICT OF CALIFORNIA 14 USP LOMPOC WARDEN, JOHN DOE, (Doc. No. 1) 15 Respondent. 16 17 18 Petitioner, a federal inmate, initiated this action while incarcerated at the United States 19 Penitentiary in Lompoc, California, by filing a petition for writ of habeas corpus under 28 U.S.C. 20 § 2241 alleging miscalculation by the Bureau of Prisons (“BOP”) in the execution of his sentence. 21 (Doc. No. 1 at 2, 4). The Court TRANSFERS this petition to 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). As a general rule, 27 “[t]he proper forum to challenge the execution of a sentence is the district where the prisoner is 28 confined.” Dunne v. Henman, 875 F.2d 244, 249 (9th Cir. 1989). 1 Because Petitioner filed the petition while incarcerated at the United States Penitentiary in 2 | Lompoc, California, which lies in the Western Division of the United States District Court for the 3 | Central District of California, the Court finds in its discretion “and in furtherance of justice” the 4 | petition should be transferred to the Western Division of the Central District of California. 28 5 | U.S.C. §§ 1404(a), 2241(d). 6 Accordingly: 7 1. The Clerk shall transfer this action to the United States District Court for the Central 8 | District of California, Western Division; and 9 2. All future filings shall reference the new case number assigned and shall be filed at: 10 United States District Court 11 Central District of California Western Division 12 255 East Temple Street B Los Angeles, CA 90012-3332 14 OY, is □□ Dated: _ January 12, 2023 o.[h. Bareh = 15 HELENA M. BARCH-KUCHTA UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28