LaBarr v. People of the State of California
- Susan Van Keulen
- 5:24-cv-06651
- U.S. District Court · Northern District of California
- 2
In LaBarr v. People of the State of California, Judge Susan van Keulen transferred Phillip E. LaBarr’s petition challenging his state conviction to the Eastern District of California.
Phillip E. LaBarr’s federal petition was moved from the Northern District of California to the Eastern District of California; the order did not resolve his challenge to his conviction.
What happened
LaBarr v. People of the State of California concerns Phillip E. LaBarr, a California prisoner without a lawyer, who filed a federal petition challenging his Fresno County Superior Court conviction.
The court explained that a state-prisoner petition may be filed in the federal district where the person is held or where the conviction occurred. Because LaBarr challenged a Fresno County conviction, the court found that the Eastern District of California was the proper venue.
Judge Susan van Keulen transferred the case to the United States District Court for the Eastern District of California and directed the clerk to transfer it immediately. The order did not decide whether LaBarr’s conviction was valid.
The detailed version
- LaBarr v. People of the State of California · No. 5:24-cv-06651
- Susan Van Keulen
- Oct. 16, 2024
Background
Phillip E. LaBarr, a California prisoner proceeding without an attorney, filed a petition under 28 U.S.C. § 2254 asking a federal court to review the validity of his conviction in Fresno County Superior Court.
Venue analysis
The court explained that a state-prisoner petition challenging a state-court judgment may be filed in either the federal district where the prisoner is confined or the district where the prisoner was convicted. Those districts have concurrent jurisdiction, meaning both may have authority to hear the petition, but the district where the petition was filed may transfer it to the other district in the interest of justice.
Because LaBarr challenged a conviction from Fresno County, the court determined that the proper venue was the Eastern District of California. Fresno County is within that district.
Disposition
The court TRANSFERRED the case to the United States District Court for the Eastern District of California in the interest of justice. The clerk was directed to transfer the matter immediately. The order addressed venue only and did not decide the validity of LaBarr’s conviction or the merits of his petition.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.