Diaz v. Cano

Filing 3

ORDER TRANSFERRING CASE. Signed by Judge Vince Chhabria on 3/10/2016. (Attachments: # 1 Certificate/Proof of Service)(knm, COURT STAFF) (Filed on 3/10/2016) [Transferred from cand on 3/11/2016.]

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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FRANK M. DIAZ,

Case No. 16-cv-00873-VC (PR)

Petitioner,
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v.

ORDER OF TRANSFER

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X. CANO,
Respondent.

United States District Court
Northern District of California

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Frank M. Diaz, a state prisoner incarcerated at California State Prison Correctional

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Facility, located in Los Angeles, California, has filed a pro se petition for a writ of habeas corpus

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pursuant to 28 U.S.C. § 2254, challenging the validity of his conviction obtained in Kings County

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Superior Court.

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A federal petition for a writ of habeas corpus made by a person in custody under the

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judgment and sentence of a state court is properly filed in either the district of confinement or the

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district of conviction. 28 U.S.C. § 2241(d). The district court where the petition is filed may

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transfer the petition to the other district in the furtherance of justice. Id. Federal courts in

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California traditionally have chosen to hear petitions challenging a conviction or sentence in the

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district of conviction. Dannenberg v. Ingle, 831 F. Supp. 767, 767 (N.D. Cal. 1993).

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Diaz was convicted in Kings County Superior Court, which lies within the venue of the

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Eastern District of California. 28 U.S.C. § 84(b). He is incarcerated in Los Angeles County,

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which lies within the venue of the Central District of California. Thus, jurisdiction over the

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petition exists in the Eastern District of California, not in this district.

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Pursuant to 28 U.S.C. § 1406(a) and Habeas L.R. 2254-3(b), and in the interest of justice,

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the Clerk of the Court is ordered to TRANSFER this action forthwith to the United States District

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Court for the Eastern District of California.

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All pending motions are TERMINATED on this Court’s docket.

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IT IS SO ORDERED.

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Dated: March 10, 2016
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VINCE CHHABRIA
United States District Judge

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United States District Court
Northern District of California

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