Cruz v. Unknown

Filing 7

ORDER OF TRANSFER. Signed by Magistrate Judge Maria-Elena James on 5/28/2014. (rmm2S, COURT STAFF) (Filed on 5/28/2014) (Additional attachment(s) added on 5/28/2014: # 1 Proof of Service) (rmm2S, COURT STAFF). [Transferred from cand on 5/29/2014.]

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1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 No. C 14-1839 MEJ (PR) 7 8 SANTIAGO JIMMY CRUZ, Petitioner, 9 United States District Court For the Northern District of California 10 11 v. CHERYL K. PLILER, Respondent. 12 13 14 15 16 17 18 19 20 21 22 ORDER OF TRANSFER / Petitioner, proceeding pro se, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner seeks habeas relief from his underlying criminal sentence from the Superior Court of Yolo County, which lies in the Eastern District of California. Venue for a habeas action is proper in either the district of confinement or the district of conviction, 28 U.S.C. § 2241(d); however, petitions challenging a conviction or sentence are preferably heard in the district of conviction. See Habeas L.R. 2254-3(a); Laue v. Nelson, 279 F. Supp. 265, 266 (N.D. Cal. 1968). Here, the Eastern District of California is the district of conviction. Accordingly, this case is TRANSFERRED to the United States District Court for the Eastern District of California. See 28 U.S.C. § 1404(a). The Clerk shall transfer the entire file to the Eastern District of California. 23 24 25 26 27 28 IT IS SO ORDERED. DATED: May 28, 2014 Maria-Elena James United States Magistrate Judge

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