Terrell v. Director of CDCR

Filing 8

ORDER TRANSFERRING CASE to the Eastern District of California. Signed by Judge Charles R. Breyer on 11/182014. (Attachments: # 1 Certificate/Proof of Service)(beS, COURT STAFF) (Filed on 11/18/2014) [Transferred from cand on 11/19/2014.]

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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EDWARD TERRELL, D-54233,

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Petitioner,
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vs.
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RON BARNES, Acting Warden,
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Respondent.
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No. C 14-4508 CRB (PR)
ORDER OF TRANSFER
(Dkt. #5)

Petitioner seeks federal habeas review of a conviction and sentence from San

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Joaquin County Superior Court, which lies within the venue of the Eastern District of

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California. See 28 U.S.C. § 84(b). Petitioner is incarcerated at High Desert State Prison

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in Susanville, Lassen County, which also lies within the venue of the Eastern District of

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California. See id.

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Venue is proper in a habeas action in either the district of confinement or the

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district of conviction, see id. § 2241(d); however, petitions challenging a conviction

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preferably are heard in the district of conviction. See Habeas L.R. 2254-3(a);

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Dannenberg v. Ingle, 831 F. Supp. 767, 767 (N.D. Cal. 1993).

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Because San Joaquin County lies in the Eastern District of California, the court

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ORDERS that pursuant to 28 U.S.C. § 1404(a) and Habeas Local Rule 2254-3(b), and in

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the interest of justice, this petition be TRANSFERRED to the United States District

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Court for the Eastern District of California.

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The clerk shall transfer this matter and terminate all pending motions as moot.

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SO ORDERED.

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DATED: Nov. 18, 2014

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CHARLES R. BREYER
United States District Judge
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