Summary
The United States District Court for the Eastern District of California transferred George Eugene Cross's state habeas corpus action to the court's Sacramento Division. The court concluded that the Sacramento Division was the more appropriate forum because the underlying conviction and the petitioner's incarceration were connected to that division.
Holdings
- A habeas petition challenging a state conviction or sentence may be transferred, on the court's own motion, to the federal judicial division where the petitioner is confined and where the state conviction arose when that division is the more convenient and proper forum.
Questions Presented
- Whether a federal habeas petition challenging a state conviction should be transferred to the federal district division where the petitioner is incarcerated and where the conviction arose.
Disposition
other
Cases Cited (4)
- Braden v. 30th Judicial Cir. Ct. of Ky., 410 U.S. 484, 499 & n.15 (1973)(followed)
- Tate v. Unknown, No. 24-cv-756 JLS (LR), 2024 WL 2880583, at *1 (S.D. Cal. May 7, 2024)(followed)
- Gakuba v. Cal. Attorney Gen., No. 22-cv-07698 NC (PR), 2022 WL 17813143, at *1 (N.D. Cal. Dec. 16, 2022)(followed)
- Dannenberg v. Ingle, 831 F. Supp. 767, 767 (N.D. Cal. 1993)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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