Miller v. People of the State of California, Sacramento County

Filing 4

ORDER TRANSFERRING CASE to Eastern District of California. Signed by Judge Nandor Vadas on 5/13/2015. (njvlc1, COURT STAFF) (Filed on 5/13/2015) (Additional attachment(s) added on 5/13/2015: # 1 Certificate/Proof of Service) (njvlc1, COURT STAFF). [Transferred from cand on 5/15/2015.]

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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EUREKA DIVISION

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RICHARD D. MILLER, Jr.,
Petitioner,

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For the Northern District of California

United States District Court

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No. C 15-2120 NJV (PR)

vs.

ORDER OF TRANSFER

PEOPLE OF THE STATE OF
CALIFORNIA, SACRAMENTO
COUNTY,
Respondent.
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This is a habeas case filed pro se by a state prisoner. Petitioner seeks to challenge

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a conviction obtained in the Sacramento County Superior Court. Sacramento County is in

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the venue of the United States District Court for the Eastern District of California. Petitioner

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is incarcerated in Oklahoma.

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Venue for a habeas action is proper 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. Because petitions challenging a

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conviction are preferably heard in the district of conviction, Habeas L.R. 2254-3(a); Laue v.

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Nelson, 279 F. Supp. 265, 266 (N.D. Cal. 1968), and petitioner was convicted in the

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Eastern District, this case is TRANSFERRED to the United States District Court for the

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Eastern District of California. See 28 U.S.C. § 1406(a); Habeas L.R. 2254-3(b).

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IT IS SO ORDERED.
Dated: May 13, 2015.
NANDOR J. VADAS
United States Magistrate Judge