Bates v. People of the State of California ( 2019 )

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 TALMADGE BATES, Case No. 19-cv-05499-JSC 8 Petitioner, ORDER OF TRANSFER v. 9 10 PEOPLE OF THE STATE OF CALIFORNIA, 11 Respondent. 12 Petitioner, a California prisoner proceeding pro se, filed this petition for a writ of habeas 13 corpus under 28 U.S.C. § 2254.1 The petition challenges the validity of a criminal judgment from 14 Solano County Superior Court. 15 A petition for a writ of habeas corpus made by a person in custody under the judgment and 16 sentence of a state court of a state which contains two or more federal judicial districts may be 17 filed in either the district of confinement or the district of conviction. See 28 U.S.C. § 2241(d). 18 Each of such districts shall have concurrent jurisdiction to entertain the petition; however, the 19 district court for the district where the petition is filed may transfer the petition to the other district 20 in the furtherance of justice. See id. Federal courts in California traditionally have chosen to hear 21 petitions challenging a conviction or sentence in the district of conviction. See Dannenberg v. 22 Ingle, 831 F. Supp. 767, 768 (N.D. Cal. 1993); Laue v. Nelson, 279 F. Supp. 265, 266 (N.D. Cal. 23 1968). As Petitioner challenges the validity of his conviction and sentence, the proper venue for 24 his petition is the district in which he was convicted. Solano County is located within the venue of 25 the Eastern District of California. See 28 U.S.C. § 84. 26 27 1 Accordingly, in the interest of justice, this case is TRANSFERRED to the United States 2 || District Court for the Eastern District of California. In light of this transfer, ruling on Petitioner’s 3 application to proceed in forma pauperis is deferred to the Eastern District. The Clerk shall 4 || terminate this motion from this Court’s docket (ECF No. 4) and shall transfer this matter 5 || forthwith. 6 IT IS SO ORDERED. 7 Dated: October 24, 2019 9 ne JACQUELINE SCOTT CORL 10 United States Magistrate Judge 11 a 12 15 16 it Z 18 19 20 21 22 23 24 25 26 27 28 1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 TALMADGE BATES, 7 Case No. 19-cv-05499-JSC Plaintiff, 8 9 Vv. CERTIFICATE OF SERVICE PEOPLE OF THE STATE OF 10 || CALIFORNIA, 11 Defendant. 12 . . I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. 13 = District Court, Northern District of California. 14 That on October 24, 2019, ISERVED a true and correct copy(ies) of the attached, by 15 placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by 16 depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery 17 = receptacle located in the Clerk's office. Z 18 19 || Talmadge Bates ID: BE4708 California State Prison - Solano 20 || P.O. Box 4000 Vacaville, CA 95696-4000 21 22 23 Dated: October 24, 2019 24 Susan Y. Soong 25 Clerk, United States District Court 26 27 By: Ada Means, DeputyClerk to the 28 Honorable JACQUELINE SCOTT CORLEY