Opinion
No. C 03-2818 MMC (PR)
August 7, 2003
ORDER OF TRANSFER
The instant action is a pro se petition for a writ of habeas corpus, filed pursuant to 28 U.S.C. § 2241, by a federal detainee who is currently incarcerated in Arizona and is seeking "reinstatement" of his bond.
A writ under § 2241 "can issue only from a court with jurisdiction over the prisoner or his custodian." Mills v. Taylor, 967 F.2d 1397, 1400 (9th Cir. 1992) (citing Braden v. 30th Judicial Circuit Court, 410 U.S. 484, 494-95 (1973)). Where, as here, a petitioner is incarcerated in one state and files a § 2241 petition in a federal district court in another state, the federal district court lacks personal jurisdiction over the petitioner and his custodian to effect process or enforce its orders and accordingly must transfer or dismiss the petition. See. e.g., Hassain v. Johnson, 790 F.2d 1420, 1420 (9th Cir. 1986) (holding California lacked jurisdiction over petition where inmate incarcerated in Arizona); United States v. Giddings, 740 F.2d 770, 771 (9th Cir. 1984) (holding Washington lacked jurisdiction over petition where inmate incarcerated in Kansas). Additionally, as Braden makes clear, "venue considerations may, and frequently will, argue in favor of adjudication of the habeas claim in the jurisdiction where the habeas petitioner is confined." Chatman-Bey, 864 F.2d at 813. As a general matter, federal courts take the position that the district of confinement "is normally the forum most convement to the parties," McCoy v. United States Bd. of Parole, 537 F.2d 962, 965 (8th Cir. 1976), and therefore, "in the interests of justice," exercise their discretion to transfer petitions to the district of confinement pursuant to 28 U.S.C. § 1404 (a). See id.; see also Dunne v. Henman, 875 F.2d 244, 249-50 (9th Cir. 1989) (suggesting that preferred forum is district where petitioner is confined, even where district court has personal jurisdiction over custodian).
Because petitioner is incarcerated in Arizona and seeks relief under 28 U.S.C. § 2241, the District of Arizona has personal jurisdiction over the parties and is also the more convenient forum. Accordingly, this action is hereby TRANSFERRED to the United States District Court for the District of Arizona.
The clerk shall transfer the matter forthwith and terminate all pending motions on this Court's docket.
IT IS SO ORDERED.