Yahn v. King
Filing
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ORDER GRANTING 12 Transfer of Case to the United States District Court for the Northern District of California, signed by Magistrate Judge Michael J. Seng on 2/20/13. CASE TRANSFERRED to Northern District of California. (Marrujo, C)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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ORDER GRANTING TRANSFER OF
CASE TO THE UNITED STATES
DISTRICT COURT FOR THE NORTHERN
DISTRICT OF CALIFORNIA
Petitioner,
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1:12-cv-01647 LJO MJS (HC)
MERTON GEORGE YAHN,
v.
AUDREY KING, Warden,
(Doc. 12)
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Respondent.
/
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On July 2, 2012, Petitioner, a state prisoner proceeding pro se, filed a habeas corpus
action with this Court pursuant to 28 U.S.C. § 2241. (Pet., ECF No. 1.)
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On October 16, 2012, Respondent was ordered to respond to the Petition, and did so
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by way of request to transfer the matter to the United States District Court, Northern District
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of California. (Order, Request to Transfer, ECF Nos. 5, 12.) Petitioner did not respond to
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Respondent's request to transfer.
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The request to transfer the petition is GRANTED.
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The federal venue statute requires that a civil action, other than one based on diversity
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jurisdiction, be brought only in “(1) a judicial district where any defendant resides, if all
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defendants reside in the same state, (2) a judicial district in which a substantial part of the
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events or omissions giving rise to the claim occurred, or a substantial part of the property that
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is the subject of the action is situated, or (3) a judicial district in which any defendant may be
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found, if there is no district in which the action may otherwise be brought.” 28 U.S.C. §
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1391(b).
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However, venue for a habeas action is proper in either the district of confinement or the
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district of conviction. 28 U.S.C. § 2241(d). The district court for the district wherein such an
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application is filed in the exercise of its discretion and in furtherance of justice may transfer the
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application to the other district court for hearing and determination. Id.
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It is preferable for petitions challenging a conviction or sentence to be heard in the
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district of conviction while petitions challenging the manner in which the sentence is being
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executed be heard in the district of confinement. Dunne v. Henman, 875 F.2d 244, 249 (9th
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Cir. 1989). In this case, Respondent correctly notes that Petitioner is challenging his
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commitment in Lake County, California. As Lake County is located in the Northern District of
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California, all of the material events, records, and witnesses are located in that district. In the
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interest of justice, the petition will be transferred to the United States District Court for the
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Northern District of California. 28 U.S.C. §§ 1404(a) and 2241(d).
ORDER
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Accordingly, IT IS HEREBY ORDERED that:
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Respondent's motion to transfer the matter to the United States District Court
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for the Northern District of California is GRANTED.
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IT IS SO ORDERED.
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Dated:
ci4d6
February 20, 2013
Michael J. Seng
/s/
UNITED STATES MAGISTRATE JUDGE
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