(HC) Parker v. Napa Superior Court

Opinion

1 2 3 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. 26 Dated: May 22, 2025

28 INA.L-FHOMPSON United States District Judge