Abshire v. Price

Filing 7

AMENDED ORDER OF TRANSFER. Signed by Magistrate Judge Jacqueline Scott Corley on 2/11/2015. (Attachments: # 1 Certificate of Service)(ahm, COURT STAFF) (Filed on 2/11/2015) [Transferred from cand on 2/13/2015.]

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 DYLAN G. ABSHIRE, Case No. 14-cv-05309-JSC Plaintiff, 8 AMENDED ORDER OF TRANSFER v. 9 10 J. PRICE, Dkt. No. 4 Defendant. United States District Court Northern District of California 11 12 13 The Order of Transfer entered February 6, 2015, is VACATED because it incorrectly 14 directed the Clerk to transfer this case to the Central, instead of the Eastern, District of California. 15 The following Amended Order is issued in its stead: 16 Petitioner has filed a pro se petition for a writ of habeas corpus under 28 U.S.C. § 2254 17 challenging a conviction from Mariposa County Superior Court. He is confined at the Deuel 18 Vocational Institute, which is also in Mariposa County. A petition for a writ of habeas corpus 19 made by a person in custody under the judgment and sentence of a state court of a state which 20 contains two or more federal judicial districts may be filed in either the district of confinement or 21 the district of conviction. See 28 U.S.C. § 2241(d). Each of such districts shall have concurrent 22 jurisdiction to entertain the petition; however, the district court for the district where the petition is 23 filed may transfer the petition to the other district in the furtherance of justice. Id. Federal courts 24 in California traditionally have chosen to hear petitions challenging a conviction or sentence in the 25 district of conviction. Dannenberg v. Ingle, 831 F. Supp. 767, 768 (N.D. Cal. 1993); Laue v. 26 Nelson, 279 F. Supp. 265, 266 (N.D. Cal. 1968). 27 28 Mariposa County lies within the venue of the Eastern District of California. See 28 U.S.C. § 84. Accordingly, this action is TRANSFERRED to the United States District Court for the 1 Eastern District of California. Ruling on the pending motion for leave to proceed in forma 2 pauperis (docket number 4) is deferred to the Eastern District in light of this transfer. 3 The Clerk of the Court shall transfer this matter forthwith. 4 5 6 7 IT IS SO ORDERED. Dated: February 11, 2015 ______________________________________ JACQUELINE SCOTT CORLEY United States Magistrate Judge 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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