Miller v. Tuolumne County Superior Court
- Vince Chhabria
- 3:20-cv-03497
- U.S. District Court · Northern District of California
- 2
In Miller v. Tuolumne County Superior Court, Judge Chhabria transferred Miller’s petition challenging his state conviction to the Eastern District of California.
Dustin Leon Miller’s federal petition challenging his state conviction was transferred from the Northern District of California to the Eastern District of California; all pending motions were terminated on the Northern District’s docket.
What happened
Miller v. Tuolumne County Superior Court involved Dustin Leon Miller’s petition challenging the validity of his conviction in Tuolumne County Superior Court. Miller was incarcerated at Deuel Vocational Institution and filed the petition without a lawyer.
The court explained that a state prisoner’s federal challenge may be filed in the federal district where the prisoner is confined or where the conviction occurred. Miller’s conviction occurred in Tuolumne County, which is within the Eastern District of California.
The court transferred the action to the Eastern District of California in the interest of justice and terminated all pending motions on its docket. Judge Vince Chhabria issued the order.
The detailed version
- Miller v. Tuolumne County Superior Court · No. 3:20-cv-03497
- Vince Chhabria
- July 24, 2020
Background
Dustin Leon Miller, a state prisoner incarcerated at Deuel Vocational Institution in Tracy, California, filed a petition without a lawyer under 28 U.S.C. § 2254. The petition challenged the validity of Miller’s conviction obtained in Tuolumne County Superior Court.
Venue and Transfer
Under 28 U.S.C. § 2241(d), a federal petition by a person held under a state-court judgment and sentence may be filed in either the federal district where the person is confined or the district where the conviction occurred. The district court where the petition is filed may transfer it to the other district in the interest of justice. The court noted that federal courts in California have traditionally heard challenges to convictions or sentences in the district where the conviction occurred.
Miller was convicted in Tuolumne County Superior Court, which is within the Eastern District of California. Under 28 U.S.C. § 1406(a) and Habeas Local Rule 2254-3(b), the court ordered the Clerk to transfer the action to the United States District Court for the Eastern District of California.
Disposition
The court ordered the action transferred to the Eastern District of California. It also terminated all pending motions on its docket. Judge Vince Chhabria issued the order on July 24, 2020.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.