(HC) Martin v. Price ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ROBERT E. MARTIN, Case No. 1:24-cv-00565-EPG-HC 12 Petitioner, ORDER TRANSFERRING CASE TO THE UNITED STATES DISTRICT COURT FOR 13 v. THE CENTRAL DISTRICT OF CALIFORNIA 14 BRANDON PRICE, 15 Respondent. 16 17 Petitioner Robert E. Marin has been civilly committed and is proceeding pro se with a 18 petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. 19 When a person in custody pursuant to the judgment of a state court files a habeas petition 20 in a state that contains two or more federal judicial districts, the petition may be filed in either 21 the judicial district in which the petitioner is presently confined or the judicial district in which 22 he was convicted and sentenced. See 28 U.S.C. § 2241(d); Rumsfeld v. Padilla, 542 U.S. 426, 23 442 (2004) (quoting Carbo v. United States, 364 U.S. 611, 618, 81 S. Ct. 338, 5 L. Ed. 2d 329 24 (1961)). Petitions challenging the execution of a sentence are preferably heard in the district 25 where the inmate is confined. See Dunne v. Henman, 875 F.2d 244, 249 (9th Cir. 1989). 26 Petitions challenging convictions or sentences are preferably heard in the district of conviction. 27 See Laue v. Nelson, 279 F. Supp. 265, 266 (N.D. Cal. 1968). Section 2241 further states that a 1 | habeas petition to another federal district for hearing and determination. 28 U.S.C. § 2241(d); see 2 | also 28 U.S.C. § 1404(a) (court may transfer any civil action “to any other district or division 3 | where it might have been brought” for convenience of parties or “in the interest of justice”). 4 Here, Petitioner appears to be challenging the order of commitment issued by the Orange 5 | County Superior Court after he was found to be a sexually violent predator. Thus, the petition is 6 | preferably heard “‘in the district court for the district within which the State court was held 7 | which” committed Petitioner—that is, the Central District of California. 28 U.S.C. § 2241(d). 8 | Therefore, this action will be transferred. 9 Accordingly, IT IS HEREBY ORDERED that this action is TRANSFERRED to the 10 | United States District Court for the Central District of California. 11 Db IT IS SO ORDERED. 13] Dated: _May 17, 2024 [see ey 14 UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28