(HC) Parker v. Napa Superior Court

4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 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 13 || Napa County conviction pursuant to 28 U.S.C. § 2254. The case was accordingly transferred to || this district. This Court dismissed the petition with leave to amend, directing petitioner to explain 15 || whether he is a pretrial detainee or is incarcerated pursuant to a state court conviction. Petitioner || 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 || incarcerated, and the proper respondent is the person “who has custody” over the applicant. See || Rumsfeld v. Padilla, 542 U.S. 426, 434 (2004); Doe v. Garland, 109 F.4th 1188, 1199 (9th Cir. || 2024). Petitioner is in custody in Kern County, which is located in the Eastern District of || California.

22 Accordingly, in the interest of justice and pursuant to 28 U.S.C. § 1406(a), this action is || transferred back to the United States District Court for the Eastern District of California. The || 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