Melvin Simmons, Jr. v. Kathleen Allison

Case 2:22-cv-07690-CJC-JDE Document Filed 10/20/ Page 1 of Page ID #:

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UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

MELVIN SIMMONS JR., Case No. 1:22-cv-01329-SAB-HC

Petitioner, ORDER TRANSFERRING CASE TO THE

UNITED STATES DISTRICT COURT FOR

v. THE CENTRAL DISTRICT OF

CALIFORNIA

KATHLEEN ALLISON, et al.,

Respondents.

16 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.…