Yang v. Derosa

Filing 6

ORDER TRANSFERRING CASE.. Signed by Judge Claudia Wilken on 9/10/09. (scc, COURT STAFF) (Filed on 9/10/2009) [Transferred from cand on 9/15/2009.]

1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. CHARLES DEROSA, Warden, Respondent. / TENG YANG, Petitioner, No. C 09-03374 CW (PR) ORDER OF TRANSFER IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Petitioner, a state prisoner, has filed a pro se petition for a writ of habeas corpus. Federal statute allows "the Supreme Court, any justice thereof, the district courts and any circuit judge" to grant writs of habeas corpus "within their respective jurisdictions." U.S.C. § 2241(a). 28

A federal petition for a writ of habeas corpus

made by a person in custody under the judgment and sentence of a state court is properly filed in either the district of confinement or the district of conviction. Id. § 2241(d). The district court

where the petition is filed, however, may transfer the petition to the other district in the furtherance of justice. See id. Federal

courts in California traditionally have chosen to hear petitions challenging a conviction or sentence in the district of conviction. See Dannenberg v. Ingle, 831 F. Supp. 767, 767 (N.D. Cal. 1993); Laue v. Nelson, 279 F. Supp. 265, 266 (N.D. Cal. 1968).

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Here, Petitioner challenges a conviction and sentence incurred in the Butte County Superior Court, which is in the venue of the Eastern District of California. See 28 U.S.C. § 84. Accordingly,

that is the proper venue for this action. Pursuant to 28 U.S.C. § 1406(a) and Habeas L.R. 2254-3(b), and in the interest of justice, the Clerk of the Court is ordered to TRANSFER this action forthwith to the United States District Court for the Eastern District of California. All remaining motions are TERMINATED on this Court's docket as no longer pending in this district. IT IS SO ORDERED. Dated: 9/10/09 CLAUDIA WILKEN UNITED STATES DISTRICT JUDGE

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1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TENG YANG, Plaintiff, v.

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Case Number: CV09-03374 CW CERTIFICATE OF SERVICE

CHARLES DEROSA et al, Defendant. /

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on September 10, 2009, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office.

Teng Yang V-05394 La Palma Correctional Center 5501 North La Palma Rd. Eloy, AZ 85231 Dated: September 10, 2009 Richard W. Wieking, Clerk By: Sheilah Cahill, Deputy Clerk

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