Brooks v. People of the State California
- Kandis Westmore
- 4:21-cv-06989
- U.S. District Court · Northern District of California
- 2
In Renard Brooks, Jr. v. People of the State of California, Judge Westmore transferred Brooks’s petition to the Eastern District of California because his conviction arose in Fresno County.
Renard Brooks, Jr.’s federal petition and any motions pending in the Northern District of California were affected; the petition was transferred to the Eastern District of California.
What happened
Renard Brooks, Jr. v. People of the State of California concerns Brooks’s request for federal review of his conviction from Fresno County Superior Court. He filed the request while incarcerated at California State Prison–Los Angeles and represented himself.
The court explained that a state-prisoner’s federal petition may be filed where the person is confined or where the conviction occurred. Because Brooks was convicted in Fresno County, the court determined that the Eastern District of California was the proper district to handle the case.
Judge Kandis A. Westmore ordered the Clerk to transfer the action to the Eastern District of California in the interest of justice. The court also terminated all motions pending on its docket because the case was no longer pending there; it did not decide whether Brooks’s conviction was valid.
The detailed version
- Brooks v. People of the State California · No. 4:21-cv-06989
- Kandis Westmore
- Sept. 27, 2021
Background
Renard Brooks, Jr., a state prisoner, filed a petition asking a federal court to review the validity of his conviction from Fresno County Superior Court. The opinion states that Brooks represented himself. He filed the action in the Northern District of California.
Transfer Decision
The court explained that federal law permits a state prisoner’s petition to be filed either in the federal district where the prisoner is confined or in the federal district where the conviction occurred. The court also noted that the district where the conviction occurred is traditionally used for petitions challenging a conviction or sentence.
Fresno County Superior Court is located in the Eastern District of California. Under 28 U.S.C. §§ 2241(d) and 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 in the interest of justice.
Disposition
Judge Kandis A. Westmore ordered the transfer of the action. The court also terminated all pending motions on its docket because they were no longer pending in that court. The order did not decide the validity of Brooks’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.