Duff v. Chappell

Filing 2

ORDER Transferring Pro Se Filing Seeking Writ of Habeas Corpus to Sacramento Division, signed by District Judge Lawrence J. O'Neill on 5/10/12. New Case Number 2:12-cv-01258-LKK-KJN. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DEWEY JOE DUFF,

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Petitioner,
vs.
KEVIN CHAPPELL, Acting Warden
of San Quentin State Prison,

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Respondent.
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Case No. 1:12-CV-00759-LJO-P
DEATH PENALTY CASE
Order Transferring Pro Se Filing
Seeking Writ of Habeas Corpus to
Sacramento Division

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On May 9, 2012, Petitioner Dewey Joe Duff, a state prisoner facing capital

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punishment, filed a pro se application for writ of habeas corpus, in the Fresno

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Division of the Eastern District of California, pursuant to 28 U.S.C. § 2254.

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Petitioner’s application states that jurisdiction is properly before the United

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States District Court for the Eastern District of California, but he fails to indicate

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in which division of the Eastern District filing is appropriate. Based on the

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Condemned Inmate List on the California Department of Corrections and

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Rehabilitation’s website, and verified by the Federal Defender’s Office of the

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Eastern District of California, Petitioner was tried in Sacramento County. As

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such, filing of Petitioner’s application is properly in the Sacramento Division of

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the Eastern District. Therefore, this case is transferred to the Sacramento

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Division. Upon arrival there, a new case number will be assigned and a new

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judge assignment made, in accordance with the Court’s procedures.

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IT IS SO ORDERED.

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DATED:

May 10, 2012
/s/ Lawrence J. O’Neill

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United States District Judge

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O TsfP ro SeD u ff

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