(HC) Hendon v. Burton

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

CARLOS HENDON, Case No. 1:21-cv-01246-HBK

Petitioner, ORDER TRANSFERRING CASE TO THE

NORTHERN DISTRICT OF CALIFORNIA v. (Doc. No. 1)

ROBERT BURTON,

Respondent.

Petitioner is proceeding on his petition for writ of habeas corpus filed pursuant to 28 18 U.S.C. § 2254. (Doc. No. 1). Petitioner is a prisoner incarcerated in San Joaquin County, which is located within the jurisdiction and venue of this Court’s Sacramento Division. Petitioner challenges his May 22, 1995 state sentence and conviction entered by the Superior Court of Santa Clara County, which is located within the jurisdiction and venue of the San Jose Division of the United States District Court for the Northern District of California.

Under 28 U.S.C. § 2241(d), jurisdiction is proper in the judicial district where the petitioner was convicted or where the petitioner is incarcerated. Therefore, both the Northern District of California and the Eastern District of California have concurrent jurisdiction. See 28 27

U.S.C. § 2241(d); Rumsfeld v. Padilla, 542 U.S. 426, 428 (2004). However, “[f]or the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought.” 28 U.S.C. § 3

1404(a). Federal courts in California generally hear petitions for writ of habeas corpus in the district of conviction. Favor v. California, No. 116-CV-01912-DAD-EPG-HC, 2017 WL 5

2671006, at *1 (E.D. Cal. June 21, 2017) (citing Laue v. Nelson, 279 F. Supp. 265, 266 (N.D. Cal. 1968).

Thus, the Court finds in its discretion “and in furtherance of justice” the petition should be transferred to the Northern District of California. 28 U.S.C. §§ 1404(a), 2241(d). The Court declines to rule on Petitioner’s motion for evidentiary hearing and expansion of the record. (Doc.

No. 2).

Accordingly

1. The Clerk shall transfer this action to the United States District Court for the Northern District of California, San Jose Division; and

2. All future filings shall reference the new case number assigned and shall be filed at: United States District Court

Northern District of California

San Jose Division

280 South Ist Street, Room 2112

San Jose, CA 95113

Dated: _ August 18, 2021 Nh. fareh Zackte HELENA M. BARCH-KUCHTA

UNITED STATES MAGISTRATE JUDGE