Allen v. Biter

Filing 3

ORDER TRANSFERRING CASE. Signed by Judge Phyllis J. Hamilton on 1/26/15. (Attachments: # 1 Certificate/Proof of Service)(napS, COURT STAFF) (Filed on 1/26/2015) [Transferred from cand on 1/26/2015.]

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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EUGENE ALLEN,
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No. C 14-5453 PJH (PR)
Petitioner,

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ORDER OF TRANSFER
vs.
MARTIN BITER,

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For the Northern District of California

United States District Court

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Respondent.
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This is a habeas case filed pro se by a state prisoner. Plaintiff was convicted in

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1972 in Amador County which is located in the Eastern District of California. He is currently

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incarcerated in Delano, CA, which is also in the Eastern District of California. In this

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petition, he argues that he is entitled to be released in light of a recent order in Brown v.

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Plata, ––– U.S. ––––, 131 S.Ct. 1910 (2011).

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Venue is proper in a habeas action in either the district of confinement or the district

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of conviction, 28 U.S.C. § 2241(d); this district is neither. Therefore, this petition is

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transferred to the United States District Court for the Eastern District of California. See 28

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U.S.C. § 1404(a); Habeas L.R. 2254-3(b).

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IT IS SO ORDERED.
Dated: January 26, 2015.
PHYLLIS J. HAMILTON
United States District Judge

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G:\PRO-SE\PJH\HC.14\allen5453.trn

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