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Dunlap v. Superior Court of San Bernardino Cnty.

United States District Court, Eastern District of California
Jun 22, 2022
2:22-cv-1050 AC P (E.D. Cal. Jun. 22, 2022)

Opinion

2:22-cv-1050 AC P

06-22-2022

JERMAINE JOSEPH DUNLAP, Petitioner, v. SUPERIOR COURT OF SAN BERNARDINO COUNTY, et al., Respondents.


ORDER

ALLISON CLAIRE UNITED STATES MAGISTRATE JUDGE

Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254.

Petitioner is presently incarcerated at R.J. Donovan Correctional Facility in San Diego County and is serving a sentence for a conviction rendered by the San Bernardino County Superior Court. Though it is not clear, the petition appears to challenge the denial of a petition for resentencing.

Pursuant to 28 U.S.C § 2241(d), courts in both the district of conviction and the district of confinement have concurrent jurisdiction over applications for habeas corpus filed by state prisoners. Because petitioner was not convicted in this district, and is not presently confined here, this court does not have jurisdiction to entertain the application. It further appears that the most appropriate forum for the instant action is the district where petitioner is confined. See Braden v. 30th Jud. Cir. Ct., 410 U.S. 484, 499 & n.15 (1973) (district of conviction is generally the more convenient forum for challenges to conviction). Therefore, this action will be transferred to the United States District Court for the Central District of California.

Accordingly, IT IS HEREBY ORDERED that this matter is transferred to the United States District Court for the Central District of California.


Summaries of

Dunlap v. Superior Court of San Bernardino Cnty.

United States District Court, Eastern District of California
Jun 22, 2022
2:22-cv-1050 AC P (E.D. Cal. Jun. 22, 2022)
Case details for

Dunlap v. Superior Court of San Bernardino Cnty.

Case Details

Full title:JERMAINE JOSEPH DUNLAP, Petitioner, v. SUPERIOR COURT OF SAN BERNARDINO…

Court:United States District Court, Eastern District of California

Date published: Jun 22, 2022

Citations

2:22-cv-1050 AC P (E.D. Cal. Jun. 22, 2022)