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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1 2 3 UNITED STATES DISTRICT COURT 4 Northern District of California 5 San Francisco Division 6 7 THEODORE E. STITH, 8 9 Petitioner, [Re: ECF No. 1] JEFFREY McCOMBER, Warden, 11 Respondent. 12 For the Northern District of California ORDER OF TRANSFER v. 10 UNITED STATES DISTRICT COURT No. C 15-944 LB _____________________________________/ 13 14 Theodore E. Stith, an inmate at the California State Prison - Sacramento, filed this pro se action 15 for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 to challenge his 2003 conviction and 16 sentence from the Solano County Superior Court. His county of incarceration (i.e., Sacramento 17 County) and his county of conviction (i.e., Solano County) are located within the venue of the 18 Eastern District of California. Venue is proper in a habeas action in either the district of confinement 19 or the district of conviction, with the preferable district being the district of conviction for a petition 20 challenging a conviction. See 28 U.S.C. § 2241(d); N. D. Cal. Habeas L.R. 2254-3(b). Because the 21 conviction occurred in the Eastern District of California, pursuant to 28 U.S.C. § 1406(a) and 22 Habeas L.R. 2254-3(b), and in the interest of justice, this action is TRANSFERRED to the United 23 States District Court for the Eastern District of California. The clerk shall transfer this matter 24 forthwith. 25 26 IT IS SO ORDERED. Dated: March 3, 2015 _______________________________ LAUREL BEELER United States Magistrate Judge 27 28 C 15-944 LB ORDER

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