(HC) Williams v. Robertson

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

MICHAEL LEON WILLIAMS, 1:21-cv-01292-HBK (HC)

Petitioner, ORDER TRANSFERRING CASE TO THE

SACRAMENTO DIVISION OF THE v. EASTERN DISTRICT OF CALIFORNIA

JIM ROBERTSON, (Doc. No. 1).

Respondent.

Petitioner Michael Leon Williams is proceeding pro se on his petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. (Doc. No. 1). Petitioner is a prisoner incarcerated in Del Norte County, which is located within the jurisdiction of the United States District Court for the Northern District of California. Petitioner challenges his state sentence and conviction entered by the Superior Court of Solano County, which is located within the jurisdiction and venue of the Sacramento Division of the United States District Court for the Eastern 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 Sacramento Division Eastern District of California have concurrent jurisdiction. See 28 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. § 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 4 | 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 Sacramento Division of the Eastern District of California. 28 U.S.C. 8§ 1404(a), 2241(d).

Accordingly,

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

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

Sacramento Division

Eastern District of California

501 "I" Street, Suite 4-200

Sacramento, CA 95814

1g | Dated: _ August 26, 2021 oe N faereh Zackte

HELENA M. BARCH-KUCHTA

UNITED STATES MAGISTRATE JUDGE