(HC) Parker v. Napa Superior Court

United States District Court for the Northern District of California

(HC) Parker v. Napa Superior Court

Trial Court Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 DEWAYNE PARKER, Case No. 25-cv-03041-TLT g Petitioner, ORDER OF TRANSFER 9 v. 10 NAPA SUPERIOR COURT, et al., ll Respondents. 12 Petitioner filed a petition in the Eastern District of California that purported to challenge a 5 13 || Napa County conviction pursuant to

28 U.S.C. § 2254

. The case was accordingly transferred to 14 || this district. This Court dismissed the petition with leave to amend, directing petitioner to explain 3 15 || whether he is a pretrial detainee or is incarcerated pursuant to a state court conviction. Petitioner 16 || has filed an amended petition pursuant to

28 U.S.C. § 2241

indicating that he is a pretrial detainee. 3 17 A § 2241 petition must generally be filed in the district court where the petitioner is 18 || incarcerated, and the proper respondent is the person “who has custody” over the applicant. See 19 || Rumsfeld v. Padilla,

542 U.S. 426, 434

(2004); Doe v. Garland,

109 F.4th 1188, 1199

(9th Cir. 20 || 2024). Petitioner is in custody in Kern County, which is located in the Eastern District of 21 || California. 22 Accordingly, in the interest of justice and pursuant to

28 U.S.C. § 1406

(a), this action is 23 || transferred back to the United States District Court for the Eastern District of California. The 24 || Clerk of the Court shall terminate all motions and transfer the case forthwith. 25 IT IS SO ORDERED. 26 || Dated: May 22, 2025

28 INA.L-FHOMPSON United States District Judge

Reference

Status
Unknown