Forsyth

Background

Misty M. Forsyth, a state prisoner confined at a state facility identified as “CCTRP” in San Diego, filed a self-represented petition for a writ of habeas corpus. She claimed that she was entitled to resentencing under Senate Bill No. 81. Her sentence resulted from a conviction in Shasta County, California.

Jurisdiction and transfer

Under 28 U.S.C. § 2241(d), a state prisoner challenging a state-court judgment may file a habeas petition in either the federal district where the prisoner is confined or the federal district where the conviction occurred, when the state has more than one federal district. The Northern District of California determined that Forsyth’s district of confinement was the Southern District of California and that her district of conviction was the Eastern District of California. The Northern District therefore concluded that it did not have jurisdiction over the petition.

The court also explained that California federal courts traditionally hear petitions challenging a conviction or sentence in the district of conviction or sentencing. Because Forsyth challenged her sentence, the court exercised its discretion to transfer the case to the Eastern District of California in the furtherance of justice.

Disposition

The court ordered the case transferred to the United States District Court for the Eastern District of California. The clerk was ordered to terminate all pending motions and transfer the entire file. The order did not address the merits of Forsyth’s claim for resentencing.