(HC) Morales v. Cates

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

HIPOLITO D. MORALES, Case No. 1:21-cv-01521-HBK (HC)

Petitioner, ORDER TRANSFERRING CASE TO THE

CENTRAL DISTRICT OF CALIFORNIA, v. EASTERN DIVISION

B. CATES, (Doc. No. 1)

Respondent.

Petitioner is proceeding on his petition for writ of habeas corpus filed pursuant to 28 19 U.S.C. § 2254. (Doc. No. 1). Petitioner, a state prisoner is incarcerated in Kern County, which is located within the jurisdiction and venue of this Court. Petitioner challenges his October 7, 2015 state sentence and conviction entered by the Superior Court of Riverside County, which is located within the jurisdiction and venue of the Eastern 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 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. California and the Eastern District of California have concurrent jurisdiction. See 28 U.S.C. § 2 2241(d); Rumsfeld v. Padilla, 542 U.S. 426, 428 (2004). However, “[flor 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 7] v. California, No. 116-CV-01912-DAD-EPG-HC, 2017 WL 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. §§ 1404(a), 2241(d).

Accordingly, it is hereby ORDERED:

B 1. The Clerk shall transfer this action to the United States District Court for the Central District of California, Eastern 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

Eastern Division

3470 Twelfth Street

Riverside, CA 92501-3801

59 || Dated: _October 15, 2021 Kho. Th. Aare4 Hise □□□ HELENA M. BARCH-KUCHTA

71 UNITED STATES MAGISTRATE JUDGE