Trammell v. Ducart

Filing 6

ORDER OF TRANSFER. Signed by Judge JEFFREY S. WHITE on 6/17/14. (jjoS, COURT STAFF) (Filed on 6/17/2014) [Transferred from cand on 6/19/2014.]

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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ANTHONY AVILEZ-TRAMMELL,

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Petitioner,
vs.

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CLARK DUCART,
Respondent.

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No. C 14-2308 JSW (PR)
ORDER OF TRANSFER

Petitioner is a state prisoner currently incarcerated at Pelican Bay State Prison.
He has filed a pro se petition for a writ of habeas corpus under 28 U.S.C. § 2254
challenging his conviction in Merced County Superior Court. A petition for a writ of
habeas corpus made by a person in custody under the judgment and sentence of a state
court of a state which contains two or more federal judicial districts may be filed in
either the district of confinement or the district of conviction. See 28 U.S.C. § 2241(d).
Each of such districts shall have concurrent jurisdiction to entertain the petition;
however, the district court for the district where the petition is filed may transfer the
petition to the other district in the furtherance of justice. Id. Federal courts in California
traditionally have chosen to hear petitions challenging a conviction or sentence in the
district of conviction. Dannenberg v. Ingle, 831 F. Supp. 767, 768 (N.D. Cal. 1993);
Laue v. Nelson, 279 F. Supp. 265, 266 (N.D. Cal. 1968).
Merced County lies within the venue of the Eastern District of California. See 28

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U.S.C. § 84. Accordingly, this action is TRANSFERRED to the United States District

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Court for the Eastern District of California. Ruling on the pending application for leave

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to proceed in forma pauperis (docket number 2) is deferred to the Eastern District in light

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of this transfer. The Clerk of the Court shall transfer this matter forthwith.

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IT IS SO ORDERED.
DATED: June 17, 2014
JEFFREY S. WHITE
United States District Judge

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UNITED STATES DISTRICT COURT

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FOR THE

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NORTHERN DISTRICT OF CALIFORNIA

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ANTHONY AVILEZ TRAMMELL,
Plaintiff,

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Case Number: CV14-02308 JSW
CERTIFICATE OF SERVICE

v.
CLARK DUCART et al,
Defendant.

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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 June 17, 2014, 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.

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Anthony Avilez Trammell AH-4321
Pelican Bay State Prison
P.O. Box 7500
Crescent City, CA 95532

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Dated: June 17, 2014

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Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk