Carrera v. Madden

Filing 11

ORDER TRANSFERRING CASE. Signed by Judge William Alsup on 3/27/15. (dt, COURT STAFF) (Filed on 4/1/2015) (Additional attachment(s) added on 4/1/2015: # 1 Certificate/Proof of Service) (dt, COURT STAFF). [Transferred from cand on 4/2/2015.]

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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DAVID JACOB CARRERA,
Petitioner,

ORDER OF TRANSFER

v.
(Dkt. 2, 3, 10)

For the Northern District of California

United States District Court

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No. C 15-0372 WHA (PR)

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RAYMOND MADDEN,
Respondent.
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Petitioner is a state prisoner currently incarcerated at Centinela State Prison in Imperial

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California. He has filed a petition for a writ of habeas corpus under 28 U.S.C. 2254 challenging

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a conviction and sentence obtained in Sacramento County Superior Court.

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A petition for a writ of habeas corpus made by a person in custody under the judgment

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and sentence of a state court of a state which contains two or more federal judicial districts may

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be filed in either the district of confinement or the district of conviction. See 28 U.S.C. §

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2241(d). Each of such districts shall have concurrent jurisdiction to entertain the petition;

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however, the district court for the district where the petition is filed may transfer the petition to

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the other district in the furtherance of justice. See id. Federal courts in California traditionally

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have chosen to hear petitions challenging a conviction or sentence in the district of conviction.

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See Dannenberg v. Ingle, 831 F. Supp. 767, 768 (N.D. Cal. 1993); Laue v. Nelson, 279 F. Supp.

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265, 266 (N.D. Cal. 1968).

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Petitioner challenges his conviction and sentence from Sacramento County, which lies
within the venue of the Eastern District of California. Accordingly, in the interest of justice,

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and pursuant to 28 U.S.C. § 1406(a), that this action be TRANSFERRED to the United States

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District Court for the Eastern District of California. In light of the transfer, this Court will not

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resolve whether petitioner may proceed in forma pauperis or should be appointed counsel.

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The clerk shall transfer this matter forthwith and terminate docket numbers 2, 3 and 10
from this court’s docket.
IT IS SO ORDERED.

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Dated: March

31 , 2015.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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