Magee v. Walker

Filing 4

ORDER OF TRANSFER. Signed by Judge Phyllis J. Hamilton on 1/5/09. (Attachments: # 1 Certificate of Service)(nah, COURT STAFF) (Filed on 1/5/2009) (Additional attachment(s) added on 1/6/2009: # 2 Docket Sheet) (far, COURT STAFF).[Transferred from cand on 1/7/2009.]

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1 2 3 4 5 6 7 8 9 10 v. JAMES WALKER, Warden, Respondent. / RUNAKO MAGEE, Petitioner, No. C 08-5613 PJH (PR) ORDER OF TRANSFER UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA United United States District Court 11 For the Northern District of California 12 13 This is a habeas case filed pro se by a state prisoner. Petitioner seeks to challenge a 14 conviction obtained in Solano County. Solano County is in the venue of the United States 15 District Court for the Eastern District of California. Petitioner is incarcerated at California 16 State Prison-Sacramento, which also is in the Eastern District. 17 Venue for a habeas action is proper in either the district of confinement or the district 18 of conviction, 28 U.S.C. 2241(d); this district is neither, and the Eastern District is both. 19 This case therefore is TRANSFERRED to the United States District Court for the Eastern 20 District of California. See 28 U.S.C. 1406(a); Habeas L.R. 2254-3(b). 21 IT IS SO ORDERED. PHYLLIS J. HAMILTON United States District Judge 22 Dated: January 5, 2009. 23 24 25 26 27 28 G:\PRO-SE\PJH\HC.08\MAGEE5613.TRN.wpd

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