(HC) Rojas Barriga v. Cates

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

JOSE ANTONIO ROJAS BARRIGA, Case No. 1:21-cv-01366-HBK

Petitioner, ORDER TRANSFERRING CASE TO THE

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

B. CATES,

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 Kern County, which is located within the jurisdiction and venue of this Court. Petitioner challenges his May 6, 2016 state sentence and conviction entered by the Superior Court of San Luis Obispo County, which is located within the jurisdiction and venue of the Western Division of the United States District Court for the Central District of California.1

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 Central District of California and the Eastern District of California have concurrent jurisdiction. See 28 The Petitioner also appears to make claims related to conditions of confinement and the Covid-19 pandemic, but these claims are not at the root of the habeas petition nor viable via a habeas petition. 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. § 4

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 7 | 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 Central District of California. 28 U.S.C. 88 1404(a), 2241(d).

Accordingly,

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

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

Central District of California

Western Division

255 East Temple Street

Los Angeles, CA 90012-3332

Dated: _ September 16, 2021 oo. Zh. fared Hack HELENA M. BARCH-KUCHTA

UNITED STATES MAGISTRATE JUDGE