George v. Allen

United States District Court for the Northern District of California

George v. Allen

Trial Court Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 SAN JOSE DIVISION 7 8 KEENAN GEORGE, Case No. 24-cv-01422-VKD

9 Petitioner, ORDER OF TRANSFER v. 10

11 TRENT ALLEN, Acting Warden, Respondent. 12

13 14 Keenan George, a state prisoner currently confined at Salinas Valley State Prison in 15 Soledad, California, filed a document in pro se entitled, “Petitioner request to have collateral relief 16 to re-open case from a wrongful conviction.” Dkt. No. 1. The Clerk construed this filing as an 17 attempt to file a petition for writ of habeas corpus challenging Mr. George’s state conviction out of 18 Los Angeles County. See Dkt. No. 1 at 1. The Clerk sent Mr. George a notice advising him to file 19 a petition using the proper form, along with an in forma pauperis application. Dkt. Nos. 2, 3. 20 A petition for a writ of habeas corpus made by a person in custody under the judgment and 21 sentence of a state court of a state which contains two or more federal judicial districts may be 22 filed in either the district of confinement or the district of conviction. See

28 U.S.C. § 2241

(d). 23 Mr. George’s district of confinement is the Northern District of California, which includes 24 Monterey County where Soledad is located.

28 U.S.C. § 84

(b). However, Mr. George’s district of 25 conviction is the Western Division of the Central District of California, which includes Los 26 Angeles County.

28 U.S.C. § 84

(c)(2). 27 Federal courts in California traditionally have chosen to hear habeas petitions challenging a 1 3(b)(1); Dannenberg v. Ingle,

831 F. Supp. 767, 768

(N.D. Cal. 1993); Laue v. Nelson,

279 F. 2

Supp. 265, 266 (N.D. Cal. 1968). Accordingly, in the exercise of its discretion and in the 3 || furtherance of justice, the Court finds that this case should be transferred to the United States 4 District Court for the Western Division of the Central District of California. See 28 U.S.C. 5 § 1406(a); Habeas L.R. 2254-3(b)(1). 6 The Clerk of the Court shall terminate all pending motions and transfer the entire file to the 7 Western Division of the Central District of California. 8 IT IS SO ORDERED. 9 Dated: March 13, 2024 10 . 0% ‘ 11 VIRGINIA K. DEMARCHI 12 United States Magistrate Judge

15 16

= 17

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Reference

Status
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