Fayed v. Warden SQSP

Opinion

1 2 3 6 7 JAMES M. FAYED, Case No. 22-cv-02432-JSC

8 Plaintiff, ORDER OF TRANSFER v. 9

Defendant. 11

12 Petitioner, a California prisoner proceeding without an attorney, filed this petition for a 13 writ of habeas corpus under 28 U.S.C. § 2254. The amended petition clarifies that Petitioner 14 challenges the validity of his conviction in Los Angeles County Superior Court. (ECF No. 13 at 15 1-2.) 16 A petition for a writ of habeas corpus made by a person in custody under the judgment 17 and sentence of a state court of a state which contains two or more federal judicial districts may be 18 filed in either the district of confinement or the district of conviction. See 28 U.S.C. § 2241(d). 19 Each of such districts shall have concurrent jurisdiction to entertain the petition; however, the 20 district court for the district where the petition is filed may transfer the petition to the other district 21 in the furtherance of justice. See id. Federal courts in California traditionally have chosen to hear 22 petitions challenging a conviction or sentence in the district of conviction. See Dannenberg v. 23 Ingle, 831 F. Supp. 767, 768 (N.D. Cal. 1993); Laue v. Nelson, 279 F. Supp. 265, 266 (N.D. Cal. 24 1968). 25 As Petitioner challenges the validity of his conviction, the proper venue for his petition is 26 the district in which he was convicted. Los Angeles County is located within the venue of the 27 Central District of California. See 28 U.S.C. § 84. 1 Accordingly, in the interest of justice, this case is TRANSFERRED to the United States 2 District Court for the Eastern District of California. The Clerk shall transfer this matter forthwith. 4 Dated: July 13, 2022 5 6 re JAZQUELINE SCOTT COR 7 United States District Judge 8 9 10 11 12

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