Burns v. Curry et al

Filing 4

ORDER TRANSFERRING CASE to USDC - Northern District of CA signed by Magistrate Judge Dale A. Drozd on 1/3/08. Original file, certified copy of transfer order, and docket sheet sent. CASE CLOSED (Marciel, M)

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(HC)Burns v. Curry et al Doc. 4 Case 2:07-cv-02772-LEW-DAD Document 4 Filed 01/04/2008 Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 vs. B. CURRY, Warden, et al., Respondents. / Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. 2254, challenging a Board of Parole Hearings' decision denying him parole. Petitioner has not filed an application to proceed in forma pauperis or paid the filing fee. At the time the instant action was filed, petitioner was confined in the California Correctional Training Facility in Soledad, California, located within the jurisdictional boundaries of the Northern District. He remains confined at that institution at this time. The proper venue for a habeas challenge to a state parole decision is the district of the petitioner's incarceration at the time the petition is filed. ///// ///// 1 Dockets.Justia.com IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA SCOTT BURNS, Petitioner, No. CIV S-07-2772 LEW DAD P ORDER Case 2:07-cv-02772-LEW-DAD Document 4 Filed 01/04/2008 Page 2 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 DAD:9 burn2772.108a Accordingly, in the furtherance of justice, IT IS HEREBY ORDERED that this matter is transferred to the United States District Court for the Northern District of California. DATED: January 3, 2008. 2

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