Trammell v. City of San Francisco
- Edward Davila
- 5:21-cv-00919
- U.S. District Court · Northern District of California
- 2
In Trammell v. City of San Francisco, Judge Davila transferred the state-conviction petition to the Eastern District of California for proper venue.
Nicholas Kenneth Trammell’s petition was transferred from the Northern District of California to the Eastern District of California; the court also terminated all pending motions.
What happened
Nicholas Kenneth Trammell, a state prisoner representing himself, filed a petition challenging his state conviction from Stanislaus County in the Northern District of California. He was confined in San Bernardino County.
The court explained that habeas petitions may be heard where the prisoner is confined or where the conviction occurred. Because Stanislaus County is in the Eastern District of California, the court transferred the case there.
Judge Edward J. Davila ordered the entire case file transferred and directed the Clerk to terminate all pending motions. The court did not decide the petition’s challenge to the conviction.
The detailed version
- Trammell v. City of San Francisco · No. 5:21-cv-00919
- Edward Davila
- Feb. 11, 2021
Background
Nicholas Kenneth Trammell, identified as a state prisoner proceeding without a lawyer, filed a petition under 28 U.S.C. § 2254 challenging a state conviction from Stanislaus County. He was confined at the California Institution for Men in Chino, in San Bernardino County. The respondent was the City of San Francisco.
Venue
The court stated that venue for a petition challenging state custody is proper either in the federal district where the prisoner is confined or in the federal district where the conviction occurred. The court also stated that federal courts in California traditionally hear challenges to a conviction or sentence in the district of conviction or sentencing. Stanislaus County is within the Eastern District of California.
Ruling
The court transferred the case to the United States District Court for the Eastern District of California under 28 U.S.C. § 1406(a). The Clerk was ordered to terminate all pending motions and transfer the entire file. The order addressed venue and did not decide the merits of Trammell’s challenge to his conviction.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.