Charles v. Hartley

Filing 4

ORDER signed by Magistrate Judge Dale A. Drozd on 11/2/2011 ORDERING that this matter is TRANSFERRED to the United States District Court for the Central District of California. CASE CLOSED. (Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ELERI CHARLES,
Petitioner,

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vs.

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JAMES D. HARTLEY,
Respondent.

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

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No. CIV S-11-2729 DAD P

habeas corpus pursuant to 28 U.S.C. § 2254.
Petitioner is presently incarcerated at Avenal State Prison in Kings County. He is

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serving a sentence on a judgment of conviction entered by the Los Angeles County Superior

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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, petitioner’s conviction occurred in an area

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covered by the U.S. District Court for the Central District of California. Accordingly, in the

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furtherance of justice, IT IS HEREBY ORDERED that this matter is transferred to the United

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States District Court for the Central District of California. Id. at 499 n.15; 28 U.S.C. § 2241(d).

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DATED: November 2, 2011.

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DAD:mp/4
char2729.108a

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