Kenji Dominic Richmond v. M E Spearman

Filing 11

ORDER OF TRANSFER. Accordingly, the above-titled action is hereby TRANSFERRED to the United States District Court for the Central District of California. The Clerk shall transfer this matter and terminate any pending motions. Signed by Judge Edward J. Davila on 4/14/2015. (ecg, COURT STAFF) (Filed on 4/14/2015) [Transferred from California Northern on 4/15/2015.]

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE NORTHERN DISTRICT OF CALIFORNIA

11
For the Northern District of California

United States District Court

10

KENJI DOMINIC RICHMOND,
Petitioner,

12

vs.

13
14

M.E. SPEARMAN, Warden,
Respondent.

15

)
)
)
)
)
)
)
)
)
)

No. C 15-00503 EJD (PR)
ORDER OF TRANSFER

16

Petitioner, a state prisoner at Correctional Training Facility in Soledad,

17
18

California, has filed a petition for a writ of habeas corpus under 28 U.S.C. § 2254,

19

challenging his state conviction.
Venue for a habeas action is proper in either the district of confinement or the

20
21

district of conviction, 28 U.S.C. § 2241(d). However, federal courts in California

22

traditionally have chosen to hear petitions challenging a conviction or sentence in

23

the district of conviction. See Dannenberg v. Ingle, 831 F. Supp. 767, 767 (N.D.

24

Cal. 1993); Laue v. Nelson, 279 F. Supp. 265, 266 (N.D. Cal. 1968). The petition

25

indicates that Petitioner was convicted in Ventura County which lies within the

26

venue of the Western Division of the Central District of California. See 28 U.S.C.

27

84(c)(2).

28

///
Order of Transfer
P:\PRO-SE\EJD\HC.15\00503Richmond_transfer.wpd

1

Accordingly, the above-titled action is hereby TRANSFERRED to the United

2

States District Court for the Central District of California. See 28 U.S.C. §§

3

1404(a), 2241(d); Habeas L.R. 2254-3.

4

The Clerk shall transfer this matter and terminate any pending motions.

5
6

DATED:

4/14/2015

EDWARD J. DAVILA
United States District Judge

7
8
9

11
For the Northern District of California

United States District Court

10

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Order of Transfer
P:\PRO-SE\EJD\HC.15\00503Richmond_transfer.wpd

2

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
7

KENJI DOMINIC RICHMOND,

Case No. 5:15-cv-00503-EJD

Plaintiff,
8
v.

CERTIFICATE OF SERVICE

9
10

M. E. SPEARMAN,
Defendant.

United States District Court
Northern District of California

11
12
13
14
15
16
17
18
19

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.
That on 4/14/2015, I SERVED a true and correct copy(ies) of the attached, by placing said
copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing
said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle
located in the Clerk's office.
Kenji Dominic Richmond
CTF NA-LB-305L
PO Box 705
Hwy 101 N.
Soledad, CA 93960

20
21
Dated: 4/14/2015
22
23
24

Richard W. Wieking
Clerk, United States District Court

25
26
27
28

By:________________________
Elizabeth Garcia, Deputy Clerk to the
Honorable EDWARD J. DAVILA