Opinion
Case No. 1:21-cv-00175-HBK
02-17-2021
DANIEL CARRANZA, Petitioner, v. JEFF LYNCH, Respondent.
ORDER TRANSFERRING CASE TO THE SACRAMENTO DIVISION OF THE EASTERN DISTRICT OF CALIFORNIA
(Doc. No. 1)
Petitioner Daniel Carranza is proceeding pro se on his petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. (Doc. No. 1). Petitioner is incarcerated in Sacramento County and challenges his state sentence and conviction entered by the Superior Court of Solano County. Both Petitioner's place of incarceration and place of conviction are located within the jurisdiction and venue of the Sacramento Division of the United States District Court for the Eastern District of California.
Under 28 U.S.C. § 2241(d), jurisdiction is proper in the judicial district where the petitioner was convicted or where the petitioner is incarcerated. Therefore, the Sacramento Division of the Eastern District has jurisdiction over the case. See 28 U.S.C. § 2241(d); Rumsfeld v. Padilla, 542 U.S. 426, 428 (2004). "For the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought." 28 U.S.C. § 1404(a). Thus, the Court finds in its discretion "and in furtherance of justice" the petition should be transferred to the Sacramento Division of the Eastern District of California. 28 U.S.C. §§ 1404(a), 2241(d).
Accordingly:
1. The Clerk shall transfer this action to the United States District Court for the Eastern District of California, Sacramento Division; and
2. All future filings shall reference the new case number assigned and shall be filed at:
IT IS SO ORDERED. Dated: February 17, 2021United States District Court
Eastern District of California
Sacramento Division
501 I St., #4200
Sacramento, CA 95814
/s/_________
HELENA M. BARCH-KUCHTA
UNITED STATES MAGISTRATE JUDGE