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Jijon v. Frauenheim

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
Mar 10, 2020
Case No. 1:20-cv-00350-EPG-HC (E.D. Cal. Mar. 10, 2020)

Opinion

Case No. 1:20-cv-00350-EPG-HC

03-10-2020

MARIO JIJON, Petitioner, v. SCOTT FRAUENHEIM, Respondent.


ORDER TRANSFERRING CASE TO THE CENTRAL DISTRICT OF CALIFORNIA

Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254.

When a state prisoner files a habeas petition in a state that contains two or more federal judicial districts, the petition may be filed in 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); Rumsfeld v. Padilla, 542 U.S. 426, 442 (2004) (quoting Carbo v. United States, 364 U.S. 611, 618, 81 S. Ct. 338, 5 L. Ed. 2d 329 (1961)). Petitions challenging the execution of a sentence are preferably heard in the district where the inmate is confined. See Dunne v. Henman, 875 F.2d 244, 249 (9th Cir. 1989). Petitions challenging convictions or sentences are preferably heard in the district of conviction. See Laue v. Nelson, 279 F. Supp. 265, 266 (N.D. Cal. 1968). Section 2241 further states that, rather than dismissing an improperly filed action, a district court, "in the exercise of its discretion and in furtherance of justice[,] may transfer" the habeas petition to another federal district for hearing and determination. Id.; see also 28 U.S.C. § 1404(a) (court may transfer any civil action "to any other district or division where it might have been brought" for convenience of parties or "in the interest of justice").

Here, Petitioner is challenging his criminal conviction in the Los Angeles County Superior Court, and thus, the petition is preferably heard in the district of conviction, which is the Central District of California. Therefore, this action will be transferred.

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

Dated: March 10 , 2020

/s/_________

UNITED STATES MAGISTRATE JUDGE


Summaries of

Jijon v. Frauenheim

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
Mar 10, 2020
Case No. 1:20-cv-00350-EPG-HC (E.D. Cal. Mar. 10, 2020)
Case details for

Jijon v. Frauenheim

Case Details

Full title:MARIO JIJON, Petitioner, v. SCOTT FRAUENHEIM, Respondent.

Court:UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

Date published: Mar 10, 2020

Citations

Case No. 1:20-cv-00350-EPG-HC (E.D. Cal. Mar. 10, 2020)