Rollings v. Washington State ( 2020 )

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 SAN JOSE DIVISION 7 8 RONALD ROLLINGS, Case No. 20-cv-01111-VKD 9 Petitioner, ORDER OF TRANSFER v. 10 11 WASHINGTON STATE, Respondent. 12 13 14 Petitioner Ronald Rollings, a federal prisoner currently confined at FCI Terminal Island in 15 San Pedro, California, has filed a pro se petition for a writ of habeas corpus under 28 U.S.C. § 16 2255, challenging his federal conviction (Case No. 16-cr-5459 RBL) out of the U.S. District Court 17 for the Western District of Washington. Dkt. No. 1 at 1. Mr. Rollings’s claims include the 18 violation of his right to a speedy trial, denial of his right to appear at the arraignment, the use of an 19 unlawfully obtained search warrant, and ineffective assistance of counsel. Id. at 4. He seeks 20 immediate release and dismissal of all charges. Id. at 15. 21 A prisoner in custody under sentence of a federal court who wishes to attack collaterally 22 the validity of his conviction or sentence must do so by way of a motion to vacate, set aside or 23 correct the sentence pursuant to § 2255 in the court which imposed the sentence. See Tripati v. 24 Henman, 843 F.2d 1160, 1162 (9th Cir. 1988), cert. denied, 488 U.S. 982 (1988). Only the 25 sentencing court has jurisdiction. See id. at 1163. Accordingly, this action must be transferred to 26 the U.S. District Court for the Western District of Washington which has exclusive jurisdiction 27 over Mr. Rollings’s § 2255 petition. Id.; 28 U.S.C. § 1631. 1 District of Washington in Tacoma, Washington. 2 IT IS SO ORDERED. 3 Dated: February 20, 2020 4 . 28 □ 5 VIRGINIA K. DEMARCHI 6 United States Magistrate Judge 7 8 9 10 11 a 12 13 © 15 16 = 17 Z 18 19 20 21 22 23 24 25 26 27 28