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
06cv2662
-1-
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
JACARNELL DOTSON ,
Civil No.
06-CV-02622 JM (AJB)
Petitioner,
ORDER TRANSFERRING
ACTION TO UNITED STATES
DISTRICT COURT FOR THE
CENTRAL DISTRICT OF
CALIFORNIA, EASTERN
DIVISION
vs.
SCRIBNER, Warden,
Respondent.
Petitioner is a state prisoner proceeding pro se with a habeas corpus action filed
pursuant to 28 U.S.C.A. § 2254 (West Supp. 2005). Petitioner has also filed a motion to
proceed in forma pauperis. Upon reviewing the petition, the Court finds that this case
should be transferred in the interest of justice. Thus, this Court does not rule on
Petitioner’s in forma pauperis status.
A petition for writ of habeas corpus may be filed in the United States District Court
of either the judicial district in which the petitioner is presently confined or the judicial
district in which he was convicted and sentenced. See 28 U.S.C. § 2241(d); Braden v.
30th Judicial Circuit Court, 410 U.S. 484, 497 (1973). Petitioner is presently confined
at Calipatria State Prison, located in Imperial County, which is within the jurisdictional
boundaries of the United States District Court for the Southern District of California. See
28 U.S.C. § 84(d). Petitioner’s state court conviction occurred in Victorville Superior
Case 3:06-cv-02622-JM-AJB Document 3 Filed 12/11/2006 Page 1 of 2
Dotson v. Scribner
Doc. 3
Dockets.Justia.com
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
06cv2662
-2-
Court, in San Bernardino County, which is located within the jurisdictional boundaries
of the United States District Court for the Central District of California, Eastern Division
See 28 U.S.C. § 84(c)(1). Thus, jurisdiction exists in both the Southern and Central
Districts.
When a habeas petitioner is challenging a state court conviction, the district court
of the district in which the state court conviction took place is a more convenient forum
because