Briscoe v. Valenzuela
Filing
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ORDER TRANSFERRING CASE to the U.S. District Court, Eastern District of California, FORTHWITH. Signed by Judge Saundra Brown Armstrong, on 6/12/13. (lrc, COURT STAFF) (Filed on 6/12/2013) Modified on 6/13/2013 (jlm, COURT STAFF).[Transferred from cand on 6/13/2013.]
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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DARRYL LEE BRISCOE
Petitioner,
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E.. VALENZUELA, Warden,
Respondent.
United States District Court
For the Northern District of California
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ORDER OF TRANSFER
v.
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No. C 12-6279 SBA (PR)
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Petitioner, a state prisoner incarcerated at the California Men's Colony in San Luis Obispo,
California, files a petition for a writ of habeas corpus. He also moves for leave to proceed in forma
pauperis (IFP).
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." 28 U.S.C.
§ 2241(a). 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). Where a case is filed in the wrong venue, the district court has
the discretion to transfer it to the proper federal court "in the interest of justice." See 28 U.S.C.
§ 1406(a).
Here, Petitioner challenges a conviction and sentence incurred in the Fairfield 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:
6/12/13
SAUNDRA BROWN ARMSTRONG
UNITED STATES DISTRICT JUDGE
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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA
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DARRYL LEE BRISCOE,
Case Number: CV12-06279 SBA
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Plaintiff,
CERTIFICATE OF SERVICE
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v.
E VALENZUELA et al,
Defendant.
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United States District Court
For the Northern District of California
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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 June 12, 2013, 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.
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Darryl Lee Briscoe H-67006
California Men’s Colony-East
P.O. Box 8101
Highway One
San Luis Obispo, CA 93409-8101
Dated: June 12, 2013
Richard W. Wieking, Clerk
By: Lisa Clark, Deputy Clerk
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G:\PRO-SE\SBA\HC.12\Briscoe 12-6278 HCTrans.wpd
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