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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1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 OAKLAND DIVISION 6 7 EUGENE ALLEN, 8 No. C 14-5453 PJH (PR) Petitioner, 9 ORDER OF TRANSFER vs. MARTIN BITER, 11 For the Northern District of California United States District Court 10 Respondent. 12 13 / This is a habeas case filed pro se by a state prisoner. Plaintiff was convicted in 14 1972 in Amador County which is located in the Eastern District of California. He is currently 15 incarcerated in Delano, CA, which is also in the Eastern District of California. In this 16 petition, he argues that he is entitled to be released in light of a recent order in Brown v. 17 Plata, ––– U.S. ––––, 131 S.Ct. 1910 (2011). 18 Venue is proper in a habeas action in either the district of confinement or the district 19 of conviction, 28 U.S.C. § 2241(d); this district is neither. Therefore, this petition is 20 transferred to the United States District Court for the Eastern District of California. See 28 21 U.S.C. § 1404(a); Habeas L.R. 2254-3(b). 22 23 IT IS SO ORDERED. Dated: January 26, 2015. PHYLLIS J. HAMILTON United States District Judge 24 G:\PRO-SE\PJH\HC.14\allen5453.trn 25 26 27 28

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