Scribd Logo
Upload

Welcome to Scribd!

  • 102 views

    Dotson v. Scribner - Document No. 3

    Uploaded by

    Justia.com
    Order transferring action to United States District Court for the Central District of CA, Eastern Division. Case transferred to District of Central District of CA, Eastern Division. Original file, certified copy of transfer order, and docket sheet sent. Signed by Judge Jeffrey T. Miller on 12/11/06. (tkl, ) Additional attachment(s) added on 12/12/2006 (tkl, ). 3:2006cv02622 California Southern District Court

    Copyright:

    Public Domain
    Download as PDF, TXT or read online from Scribd

    Dotson v. Scribner - Document No. 3

    Uploaded by

    Justia.com
    102 views2 pages
    Order transferring action to United States District Court for the Central District of CA, Eastern Division. Case transferred to District of Central District of CA, Eastern Division. Original file, certified copy of transfer order, and docket sheet sent. Signed by Judge Jeffrey T. Miller on 12/11/06. (tkl, ) Additional attachment(s) added on 12/12/2006 (tkl, ). 3:2006cv02622 California Southern District Court

    Copyright

    © Public Domain

    Available Formats

    PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Order transferring action to United States District Court for the Central District of CA, Eastern Division. Case transferred to District of Central District of CA, Eastern Division. Original file, certified copy of transfer order, and docket sheet sent. Signed by Judge Jeffrey T. Miller on 12/11/06. (tkl, ) Additional attachment(s) added on 12/12/2006 (tkl, ). 3:2006cv02622 California Southern District Court

    Copyright:

    Public Domain
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    102 views2 pages

    Dotson v. Scribner - Document No. 3

    Uploaded by

    Justia.com
    Order transferring action to United States District Court for the Central District of CA, Eastern Division. Case transferred to District of Central District of CA, Eastern Division. Original file, certified copy of transfer order, and docket sheet sent. Signed by Judge Jeffrey T. Miller on 12/11/06. (tkl, ) Additional attachment(s) added on 12/12/2006 (tkl, ). 3:2006cv02622 California Southern District Court

    Copyright:

    Public Domain
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 2

    Dotson v. Scribner Doc.

    3
    Case 3:06-cv-02622-JM-AJB Document 3 Filed 12/11/2006 Page 1 of 2

    1
    2
    3
    4
    5
    6
    7
    8 UNITED STATES DISTRICT COURT
    9 SOUTHERN DISTRICT OF CALIFORNIA
    10
    11 JACARNELL DOTSON , Civil No. 06-CV-02622 JM (AJB)
    12 Petitioner, ORDER TRANSFERRING
    ACTION TO UNITED STATES
    13 vs. DISTRICT COURT FOR THE
    SCRIBNER, Warden, CENTRAL DISTRICT OF
    14 CALIFORNIA, EASTERN
    Respondent. DIVISION
    15
    16
    17 Petitioner is a state prisoner proceeding pro se with a habeas corpus action filed
    18 pursuant to 28 U.S.C.A. § 2254 (West Supp. 2005). Petitioner has also filed a motion to
    19 proceed in forma pauperis. Upon reviewing the petition, the Court finds that this case
    20 should be transferred in the interest of justice. Thus, this Court does not rule on
    21 Petitioner’s in forma pauperis status.
    22 A petition for writ of habeas corpus may be filed in the United States District Court
    23 of either the judicial district in which the petitioner is presently confined or the judicial
    24 district in which he was convicted and sentenced. See 28 U.S.C. § 2241(d); Braden v.
    25 30th Judicial Circuit Court, 410 U.S. 484, 497 (1973). Petitioner is presently confined
    26 at Calipatria State Prison, located in Imperial County, which is within the jurisdictional
    27 boundaries of the United States District Court for the Southern District of California. See
    28 28 U.S.C. § 84(d). Petitioner’s state court conviction occurred in Victorville Superior

    -1- 06cv2662

    Dockets.Justia.com
    Case 3:06-cv-02622-JM-AJB Document 3 Filed 12/11/2006 Page 2 of 2

    1 Court, in San Bernardino County, which is located within the jurisdictional boundaries
    2 of the United States District Court for the Central District of California, Eastern Division
    3 See 28 U.S.C. § 84(c)(1). Thus, jurisdiction exists in both the Southern and Central
    4 Districts.
    5 When a habeas petitioner is challenging a state court conviction, the district court
    6 of the district in which the state court conviction took place is a more convenient forum
    7 because of the accessibility of evidence, records and witnesses. Thus, it is generally the
    8 practice of the district courts in California to transfer habeas actions questioning state
    9 court convictions to the district in which the state court conviction took place. Any and
    10 all records, witnesses and evidence necessary for the resolution of Petitioner’s
    11 contentions are more readily available in San Bernardino County. See Braden, 410 U.S.
    12 at 497, 499 n.15 (stating that a court can, of course, transfer habeas cases to the district
    13 of conviction which is ordinarily a more convenient forum). Therefore, in the furtherance
    14 of justice,
    15 IT IS ORDERED that the Clerk of this Court transfer this matter to the United
    16 States District Court for the Central District of California, Eastern Division. See 28
    17 U.S.C. § 2241(d).
    18 IT IS FURTHER ORDERED that the Clerk of this Court serve a copy of this
    19 Order upon Petitioner and upon the California Attorney General.
    20 IT IS SO ORDERED.
    21 DATED: December 11, 2006
    22
    23 Hon. Jeffrey T. Miller
    United States District Judge
    24
    25
    26
    27
    28

    -2- 06cv2662

    You might also like