1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 TOBY ANTHONY ROSA, Case No. 1:24-cv-01443-CDB (HC) 12 Petitioner, ORDER TRANSFERRING CASE TO THE NORTHERN DISTRICT OF CALIFORNIA 13 v. (Doc. 1) 14 MARTIN GAMBOA, 15 Respondent. 16 17 Petitioner Toby Anthony Rosa is proceeding on his petition for writ of habeas corpus filed 18 pursuant to

. (Doc. 1). To the extent discernable, Petitioner challenges his state 19 conviction entered by the Superior Court of Sonoma County.

. Sonoma County is 20 located within the jurisdiction and venue of the San Francisco Division of the United States 21 District Court for the Northern District of California. 22 When a habeas petition is filed by a person in custody under a state court judgment, and 23 that state contains two or more federal judicial districts—such as California—the petition may be 24 filed in either the judicial district in which the petitioner is presently confined, or the judicial 25 district in which he was convicted and sentenced. See

(d). When a habeas 26 petition challenges the petitioner’s conviction or sentence, e.g., a habeas petition brought pursuant 27 to

, the district where the petitioner was convicted and sentenced is a more 28 convenient forum because trial court records, witnesses, and other evidence related to the crime 1 | and his conviction are usually located in that district. See Braden y. 30" Judicial Cir. Ct. of Ky., 2 | 410 US. 484, 4998 & n.15 (1973). Thus, California courts generally transfer habeas actions 3 | challenging state convictions or sentences to the district where the petitioner was convicted and 4 || sentenced. See, e.g., Tate v. Unknown, No. 24-cv-756 JLS (LR),

, at *1 (S.D. 5 | Cal. May 7, 2024) (citing Braden); Gakuba y. Cal. Attorney Gen., No. 22-cv-07698 NC (PR), 6 |

at *1 (N.D. Cal. Dec. 16, 2022); Dannenberg v. Ingle,

, 767 7 | (NLD. Cal. 1993). 8 Thus, the Court finds in its discretion “and in furtherance of justice” the petition should be 9 | transferred to the Northern District of California.

(a), 2241(d). 10 | Conclusion and Order 11 Accordingly, it is HEREBY ORDERED: 12 1. The Clerk shall transfer this action to the United States District Court for the Northern 13 | District of California, San Francisco Division; and 14 2. All future filings shall reference the new case number assigned and shall be filed at: 15 United States District Court Northern District of California 16 San Francisco Division U7 450 Golden Gate Avenue San Francisco, CA 94102 18 19 | ITIS SO ORDERED. 20 Dated: _ January 3, 2025 | Ww VL D R~ UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27 28