Stith v. McComber

Filing 5

ORDER OF TRANSFER (RE: ECF No. 1). Signed by Magistrate Judge Laurel Beeler on 3/4/2015. (Attachments: # 1 Certificate/Proof of Service)(lsS, COURT STAFF) (Filed on 3/4/2015) [Transferred from cand on 3/6/2015.]

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UNITED STATES DISTRICT COURT

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Northern District of California

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San Francisco Division

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THEODORE E. STITH,

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Petitioner,

[Re: ECF No. 1]

JEFFREY McCOMBER, Warden,

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Respondent.

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For the Northern District of California

ORDER OF TRANSFER

v.

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UNITED STATES DISTRICT COURT

No. C 15-944 LB

_____________________________________/

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Theodore E. Stith, an inmate at the California State Prison - Sacramento, filed this pro se action

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for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 to challenge his 2003 conviction and

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sentence from the Solano County Superior Court. His county of incarceration (i.e., Sacramento

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County) and his county of conviction (i.e., Solano County) are located within the venue of the

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Eastern District of California. Venue is proper in a habeas action in either the district of confinement

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or the district of conviction, with the preferable district being the district of conviction for a petition

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challenging a conviction. See 28 U.S.C. § 2241(d); N. D. Cal. Habeas L.R. 2254-3(b). Because the

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conviction occurred in the Eastern District of California, pursuant to 28 U.S.C. § 1406(a) and

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Habeas L.R. 2254-3(b), and in the interest of justice, this action is TRANSFERRED to the United

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States District Court for the Eastern District of California. The clerk shall transfer this matter

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forthwith.

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IT IS SO ORDERED.
Dated: March 3, 2015
_______________________________
LAUREL BEELER
United States Magistrate Judge

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C 15-944 LB
ORDER