Overton v. Atascadero State Hosital

Filing 4

ORDER signed by Magistrate Judge Allison Claire on 11/28/2016 TRANSFERRING this matter to the USDC for the Central District of of California. CASE CLOSED.(Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHAEL LOUIS OVERTON,

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Petitioner,

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No. 2:16-cv-2585 AC P

v.

ORDER

ATASCADERO STATE HOSPITAL,

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Respondent.

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Petitioner, a civil detainee proceeding pro se, has filed an application for a writ of habeas

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corpus pursuant to 28 U.S.C. § 2254.
Petitioner is presently incarcerated at Atascadero State Hospital in San Luis Obispo

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County. He is serving a sentence for a conviction rendered by the Alameda County Superior

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Court.
The general rule with regard to habeas applications is that both the United States District

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Court in the district where petitioner was convicted and the District Court where petitioner is

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incarcerated have jurisdiction over the claims. See Braden v. 30th Judicial Circuit Court, 410

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U.S. 484 (1973). In the instant case, petitioner's place of incarceration occurred in an area

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covered by the District Court for the Central District of California.

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Accordingly, in the furtherance of justice, IT IS HEREBY ORDERED that this matter is

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transferred to the United States District Court for the Central District of California. Id. at 499

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n.15; 28 U.S.C. § 2241(d).

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DATED: November 28, 2016

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