Burnette v. Hixon
| Beau Burnette |
| Kevin Hixon |
| 3:2024cv00231 |
| February 1, 2024 |
| US District Court for the Southern District of California |
| David D Leshner |
| Jinsook Ohta |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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| Document Text |
|---|
| Filing 4 Transfer Letter Received from Central District of California. Case number in other court is 5:24cv00372 (All non-registered users served via U.S. Mail Service)(jpp) |
| Filing 3 Case transferred to District of Central District of California, Eastern Division.. Files transferred electronically to: *District of Central District of California, Eastern Division.*.*3470 Twelfth Street, Room 134**Riverside, CA 92501* (All non-registered users served via U.S. Mail Service)(exs) |
Filing 2
Minute Order by Judge Jinsook Ohta: The Court finds that it does not have jurisdiction over the instant habeas action because the Petition attacks a judgment of conviction that was entered in the Riverside County Superior Court, see ECF No. 1 at 1, which is within the jurisdictional boundaries of the United States District Court for the Central District of California, Eastern Division. 28 U.S.C. 84(c)(1). Accordingly, the Court ORDERS the Clerk of this Court to transfer this matter to the United States District Court for the Central District of California, Eastern Division. See 28 U.S.C. 2241(d); Miller v. Hambrick, 905 F.2d 259, 262 (9th Cir. 1990) ("Under a provision of the Federal Courts Improvement Act, 28 U.S.C. 1631, if a court finds that there is a want of jurisdiction the court shall transfer the action to any other such court in which the action could have been brought if it is in the interest of justice." (internal quotation marks and citations omitted)); Braden v. 30th Judicial Circuit Court, 410 U.S. 484, 493-4, 97, 499 n.15 (1973) (recognizing that the district of conviction is ordinarily the more convenient forum for a federal habeas corpus action because of the availability of evidence, records, and witnesses). It is FURTHER ORDERED that the Clerk of this Court serve a copy of this Order upon Petitioner and upon the California Attorney General. Signed by Judge Jinsook Ohta on 02/08/2024.(All non-registered users served via U.S. Mail Service) (Certified Copy to USM) (cem) (Copies mailed to petitioner, CA Atty General and cc to USM) (exs).
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| Filing 1 Petition for Writ of Habeas Corpus against Kevin Hixon (Filing fee $ 5, Fee Not Paid, IFP Not Filed.), filed by Beau Burnette. (Attachments: #1 Civil Cover Sheet)The new case number is 3:24-cv-231-JO-DDL. Judge Jinsook Ohta and Magistrate Judge David D. Leshner are assigned to the case.(bdc) (anh). |
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| Petitioner: Beau Burnette | |
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| Respondent: Kevin Hixon | |
| Represented By: | Attorney General |
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