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.]
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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?