You're viewing Docket Item 4 from the case (HC)Chavez v. Holland. View the full docket and case details.

Download this document:




Case 1:13-cv-01504-MJS Document 4 Filed 09/19/13 Page 1 of 2

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

JERRY CHAVEZ,

Petitioner,



v.

KIM HOLLAND,

Respondent.

/

1:13-cv-01504-MJS (HC)
ORDER TRANSFERRING CASE TO THE
UNITED STATES DISTRICT COURT FOR
THE NORTHERN DISTRICT OF
CALIFORNIA

Petitioner, a state prisoner proceeding pro se, has filed a habeas corpus action
pursuant to 28 U.S.C. § 2254, together with a request to proceed in forma pauperis pursuant
to 28 U.S.C. § 1915.

The federal venue statute requires that a civil action, other than one based on diversity
jurisdiction, be brought only in “(1) a judicial district where any defendant resides, if all
defendants reside in the same state, (2) a judicial district in which a substantial part of the
events or omissions giving rise to the claim occurred, or a substantial part of the property that
is the subject of the action is situated, or (3) a judicial district in which any defendant may be
found, if there is no district in which the action may otherwise be brought.” 28 U.S.C. §
1391(b).

However, venue for a habeas action is proper in either the district of confinement or the

-1-

Case 1:13-cv-01504-MJS Document 4 Filed 09/19/13 Page 2 of 2

district of conviction. 28 U.S.C. § 2241(d). The district court for the district wherein such an
application is filed in the exercise of its discretion and in furtherance of justice may transfer the
application to the other district court for hearing and determination. Id.

It is preferable for petitions challenging a conviction or sentence to be heard in the
district of conviction while petitions challenging the manner in which the sentence is being
executed be heard in the district of confinement. Dunne v. Henman, 875 F.2d 244, 249 (9th
Cir. 1989).

In this case, Petitioner is challenging terms of his sentencing and conviction from Santa
Clara County, California. As Santa Clara County is located in the Northern District of
California, the Northern District of California is the district of conviction. In the interest of
justice, the petition will be transferred to the United States District Court for the Northern
District of California. 28 U.S.C. §§ 1404(a) and 2241(d).

Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the United

States District Court for the Northern District of California.

IT IS SO ORDERED.
Dated: September 18, 2013
ci4d6

/s/ Michael J. Seng
UNITED STATES MAGISTRATE JUDGE

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

-2-