Zichko v. People of the State of California et al

Filing 4

ORDER signed by Magistrate Judge Dale A. Drozd on 5/26/11 ORDERING that this case is TRANSFERRED to the Central District of California.(Dillon, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBERT JOHN ZICHKO,
Petitioner,

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No. CIV S-11-1270 DAD P

vs.
PEOPLE OF THE STATE OF
CALIFORNIA, et al.,

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Respondent.

Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of

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ORDER
/

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habeas corpus pursuant to 28 U.S.C. § 2254.

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Petitioner is presently incarcerated at Atascadero State Hospital in Atascadero,

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California. He is serving a sentence pursuant to a judgment of conviction rendered by the San

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Luis Obispo County Superior Court.
The general rule with regard to habeas applications is that both the United States

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District Court in the district where petitioner was convicted and the District Court where

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petitioner is incarcerated have jurisdiction over the claims. See Braden v. 30th Judicial Circuit

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Court, 410 U.S. 484 (1973). In the instant case, both petitioner’s conviction and his place of

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incarceration occurred in an area covered by the District Court for the Central District of

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California.
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Accordingly, in the furtherance of justice, IT IS HEREBY ORDERED that this

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matter is transferred to the United States District Court for the Central District of California. Id.

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at 499 n.15; 28 U.S.C. § 2241(d).

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DATED: May 26, 2011.

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DAD:md
zich1270.108a

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