Joaquin Diaz v. Martin Gamboa
2:25-cv-01369
| C.D. Cal. | Feb 18, 2025Background
- Joaquin Diaz, a state prisoner, filed a petition for writ of habeas corpus under 28 U.S.C. § 2254, proceeding pro se.
- Diaz is challenging his June 22, 2017, conviction from the Superior Court of Los Angeles County.
- Los Angeles County falls under the jurisdiction of the Western Division of the Central District of California.
- The petition was originally filed in the Eastern District of California.
- Applicable law allows such petitions to be filed either in the district of confinement or conviction, but best practice is to use the district of conviction for convenience.
- The court is considering whether to transfer the case for proper venue and convenience.
Issues
| Issue | Diaz's Argument | Gamboa's Argument | Held |
|---|---|---|---|
| Proper venue for habeas petition | Venue is proper here due to current filing | N/A (Respondent not yet required to respond) | Petition should be transferred to Western Division of Central District of California |
Key Cases Cited
- Braden v. 30th Judicial Circuit Court of Kentucky, 410 U.S. 484 (1973) (Recognizes that habeas petitions challenging convictions should generally be heard in the district of conviction because it is the most convenient forum)
- Dannenberg v. Ingle, 831 F. Supp. 767 (N.D. Cal. 1993) (Practice of transferring habeas cases to proper venue)