Opinion
24-CV-01422-VKD
03-13-2024
KEENAN GEORGE, Petitioner, v. TRENT ALLEN, Acting Warden, Respondent.
ORDER OF TRANSFER
VIRGINIA K. DEMARCHI, United States Magistrate Judge
Keenan George, a state prisoner currently confined at Salinas Valley State Prison in Soledad, California, filed a document in pro se entitled, “Petitioner request to have collateral relief to re-open case from a wrongful conviction.” Dkt. No. 1. The Clerk construed this filing as an attempt to file a petition for writ of habeas corpus challenging Mr. George's state conviction out of Los Angeles County. See Dkt. No. 1 at 1. The Clerk sent Mr. George a notice advising him to file a petition using the proper form, along with an in forma pauperis application. Dkt. Nos. 2, 3.
A petition for a writ of habeas corpus made by a person in custody under the judgment and sentence of a state court of a state which contains two or more federal judicial districts may be filed in either the district of confinement or the district of conviction. See 28 U.S.C. § 2241(d). Mr. George's district of confinement is the Northern District of California, which includes Monterey County where Soledad is located. 28 U.S.C. § 84(b). However, Mr. George's district of conviction is the Western Division of the Central District of California, which includes Los Angeles County. 28 U.S.C. § 84(c)(2).
Federal courts in California traditionally have chosen to hear habeas petitions challenging a state conviction or sentence in the district of conviction or sentencing. See Habeas L.R. 2254-3(b)(1); Dannenberg v. Ingle, 831 F.Supp. 767, 768 (N.D. Cal. 1993); Laue v. Nelson, 279 F.Supp. 265, 266 (N.D. Cal. 1968). Accordingly, in the exercise of its discretion and in the furtherance of justice, the Court finds that this case should be transferred to the United States District Court for the Western Division of the Central District of California. See 28 U.S.C. § 1406(a); Habeas L.R. 2254-3(b)(1).
The Clerk of the Court shall terminate all pending motions and transfer the entire file to the Western Division of the Central District of California.
IT IS SO ORDERED.