Vlahos-Schmidt v. People of the State of California

Filing 3

ORDER signed by Magistrate Judge Dale A. Drozd on 11/18/14 ORDERING that this case is TRANSFERRED to the Northern District of California.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GINGER VLAHOS-SCHMIDT,

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No. 2:14-cv-2628 DAD P

Petitioner,
v.

ORDER

PEOPLE OF THE STATE OF
CALIFORNIA,
Respondent.

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Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas
corpus pursuant to 28 U.S.C. § 2254. Petitioner has paid the filing fee.
Petitioner is presently incarcerated at the Custody to Community Transitional Reentry

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Program Facility located in San Diego County. She is serving a sentence for a judgment of

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conviction rendered in the Alameda County Superior Court.

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The general rule with regard to habeas applications is that both the United States District

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

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incarcerated have jurisdiction over the claims. See Braden v. 30th Judicial Circuit Court, 410

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U.S. 484 (1973). In the instant case, petitioner is currently incarcerated in an area covered by the

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United States District Court for the Southern District of California. Petitioner’s conviction

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occurred in an area covered by the United States District Court for the Northern District of
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California. In her petition filed with this court petitioner asserts claims for relief related to the

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criminal proceedings in the Alameda County Superior Court. The files and records relating to

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those criminal proceedings, as well as potential witnesses, are therefore likely to be located within

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the boundaries of the United States District Court for the Northern District of California.

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Accordingly, in the furtherance of justice, IT IS HEREBY ORDERED that this matter is

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transferred to the United States District Court for the Northern District of California. Braden, 410

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U.S. at 499 n.15; 28 U.S.C. § 2241(d).

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Dated: November 18, 2014

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DAD:4
vlah2628.108a

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