Jason Robert Porter v. Warden of P.V.S.P.

Summary

The United States District Court for the Eastern District of California transfers Jason Robert Porter's 28 U.S.C. § 2254 habeas petition to the Central District of California. The court determines that venue is proper in the district of conviction because the petition challenges a criminal judgment from the San Luis Obispo County Superior Court, and notes that it has not ruled on the in forma pauperis request.

Holdings

1. A habeas petition challenging a criminal judgment from the San Luis Obispo County Superior Court is properly heard in the federal district encompassing the district of conviction, the Central District of California.
2. The action should be transferred to the United States District Court for the Central District of California.

Questions Presented

1. Whether the Eastern District of California was the proper venue for a state habeas petition challenging a criminal judgment from the San Luis Obispo County Superior Court.
2. Whether the court should transfer the petition to the Central District of California under 28 U.S.C. § 2241(d) and § 1404(a).

Disposition

remanded