Warden

(HC) Diaz v. Warden

Good Law
United States District Court, Eastern District of CaliforniaMarch 21, 20231:23-cv-00412California385 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 FELIPE POLANCO DIAZ, Case No. 1:23-cv-00412-HBK (HC) Petitioner, ORDER TRANSFERRING CASE TO THE

NORTHERN DISTRICT OF CALIFORNIA

v. (Doc. No. 1) WARDEN, Respondent. 16 17 Petitioner is proceeding on his petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. (Doc. No. 1). To the extent discernable, Petitioner challenges his state sentence and conviction entered by the Superior Court of Santa Clara County. (Id. at 5-13). Santa Clara County is located within the jurisdiction and venue of the San Jose Division of the United States District Court for the Northern District of California. Under 28 U.S.C. § 2241(d), jurisdiction is proper in the judicial district where the petitioner was convicted or where the petitioner is incarcerated. See 28 U.S.C. § 2241(d); Rumsfeld v. Padilla, 542 U.S. 426, 428 (2004). However, “[f]or the convenience of parties and witnesses, in the interest of justice, a district court may transfer…

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