1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 SAN JOSE DIVISION 7 8 IN RE MISTY M. FORSYTH, Case No. 22-cv-03029-VKD

9 Petitioner.

ORDER OF TRANSFER

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13 14 Ms. Misty M. Forsyth, a state prisoner currently confined at a state facility (“CCTRP”) in 15 San Diego, filed a pro se petition for writ of habeas corpus, claiming she is entitled to resentencing 16 pursuant to Senate Bill No. 81. Dkt. No. 1 at 3. Ms. Forsyth is serving a sentence for a conviction 17 out of Shasta County, California. Id. at 2. 18 A petition for a writ of habeas corpus made by a person in custody under the judgment and 19 sentence of a state court of a state which contains two or more federal judicial districts may be 20 filed in either the district of confinement or the district of conviction. See 28 U.S.C. § 2241(d). 21 Each of such districts shall have concurrent jurisdiction to entertain the petition; however, the 22 district court for the district where the petition is filed may transfer the petition to the other district 23 in the furtherance of justice. See id. Ms. Forsyth’s district of confinement is the Southern District 24 of California, which has jurisdiction over San Diego County. 28 U.S.C. § 84(d). Ms. Forsyth’s 25 district of conviction is the Eastern District of California, which has jurisdiction over Shasta 26 County. 28 U.S.C. § 84(b). Accordingly, the Northern District of California has no jurisdiction 27 1 Federal courts in California traditionally have chosen to hear petitions challenging a 2 conviction or sentence in the district of conviction or sentencing. See Habeas L.R. 2254-3(b)(1); 3 Dannenberg v. Ingle, 831 F. Supp. 767, 768 (N.D. Cal. 1993); Laue v. Nelson, 279 F. Supp. 265, 4 || 266 (N.D. Cal. 1968). Ms. Forsyth challenges her sentence. Accordingly, in the exercise of its 5 discretion, and in the furtherance of justice, the Court finds that this case should be transferred to 6 the district of conviction, i.e., the United States District Court for the Eastern District of 7 || California. See 28 U.S.C. § 1406(a); Habeas L.R. 2254-3(b)(1). 8 The Clerk of the Court shall terminate all pending motions and transfer the entire file to the 9 Eastern District of California. 10 IT IS SO ORDERED. 11 Dated: July 13, 2022 g a ana 13

VIRGINIA K. DEMARCHI

United States Magistrate Judge 15 16

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