Hendricks v. Long

Filing 11

ORDER TRANSFERRING CASE TO THE EASTERN DISTRICT OF CALIFORNIA. The Clerk shall terminate all pending motions and transfer the entire file to the Eastern District of California. Signed by Judge Hon. Lucy H. Koh on 3/11/2015. (sms, COURT STAFF) (Filed on 3/11/2015) [Transferred from cand on 3/13/2015.]

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2 FILED 3 4 5 RICHARD W. WIEKING CLERK U.S. DISTRICT COU::!T NORTHERN DISTRICT OF CALifORNIA 6 SAN JOSE 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 17 Petitioner, proceeding prose, filed a petition for a writ of habeas corpus pursuant to 28 18 U.S.C. § 2254. 1 Petitioner seeks habeas relief from his underlying criminal sentence from the 19 Superior Court of Sacramento County, which lies in the Eastern District of California. Venue for 20 a habeas action is proper in either the district of confinement or the district of conviction, 28 21 U.S.C. § 2241(d); however, petitions challenging a conviction or sentence are preferably heard 22 in the district of conviction. See Habeas L.R. 2254-3(b)(1); Laue v. Nelson, 279 F. Supp. 265, 23 266 (N.D. Cal. 1968). Here, the Eastern District ofCalifornia is the district of conviction. 24 Accordingly, this case is TRANSFERRED to the United States District Court for the 25 Eastern District of California. See 28 U.S.C. § 1404(a). The Clerk shall terminate all pending 26 motions and transfer the entire file to the Eastern District of California. 27 28 1 On March 3, 2015, this matter was reassigned to the undersigned judge. Order of Transfer P:\PRO-SE\LHK\HC.15\Hendricks690trans. wpd 1 IT IS SO ORDERED. 2 DATED: 3 3/ol w 1sr ' United States District Judge 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Order of Transfer P:\PRO-SE\LHK\HC.l5\Hendricks690trans.wpd 2

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