Lynn v. Grecco

Filing 6

ORDER TRANSFERRING CASE. Signed by Judge Phyllis J. Hamilton on 3/24/15. (Attachments: # 1 Certificate/Proof of Service)(napS, COURT STAFF) (Filed on 3/24/2015) [Transferred from cand on 3/25/2015.]

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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CALVIN LYNN
Petitioner,

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No. C 15-0687 PJH (PR)

v.
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Respondent.

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For the Northern District of California

United States District Court

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ORDER OF TRANSFER
SHERRI GRECCO, SACRAMENTO
COUNTY DISTRICT ATTORNEY,
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Petitioner, a state prisoner, has filed a pro se petition for a writ of mandate. He

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seeks an order to obtain counsel to acquire DNA evidence to help prove his innocence in a

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criminal case. Plaintiff is incarcerated in Stockton, CA which is located within the venue of

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the United States District Court for the Eastern District of California, where the respondent

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in this case resides. His underlying conviction occurred in Sacramento County which also

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lies in the Eastern District.

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

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of conviction, 28 U.S.C. § 2241(d); this district is neither.1 Therefore, this petition is

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TRANSFERRED to the United States District Court for the Eastern District of California.

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See 28 U.S.C. § 1404(a); Habeas L.R. 2254-3(b).

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IT IS SO ORDERED.
Dated: March 24, 2015.
PHYLLIS J. HAMILTON
United States District Judge

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G:\PRO-SE\PJH\HC.15\Lynn0687.trn.wpd

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1

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This case should be transferred to the Eastern District even if it were to be construed
as a civil rights action.