Adams v. People of the State of California
Filing
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ORDER signed by Magistrate Judge Allison Claire on 6/5/2017 TRANSFERRING this action to the USDC for the Northern District 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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CURTIS EARNEST ADAMS,
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Petitioner,
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No. 2:16-cv-02994 MCE AC
v.
ORDER
PEOPLE OF THE STATE OF
CALIFORNIA,
Respondent.
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Petitioner is a state prisoner without counsel seeking a writ of habeas corpus pursuant to
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28 U.S.C. § 2254. The petition challenges a conviction and/or sentence issued by the Contra
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Costa County Superior Court.1 ECF No. 1 at 1. Under 28 U.S.C § 2241(d), courts in both the
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district of conviction and the district of confinement2 have concurrent jurisdiction over
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applications for habeas corpus filed by state prisoners. Federal courts in California generally hear
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petitions challenging convictions or sentences in the district of conviction, however. See, e.g.,
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The petition also appears to raise a separate ‘cruel and unusual punishment’ claim, but there is
no indication as to where or when this claim arose. ECF No. 1 at 7. Absent some indication that
it arose within the Eastern District, this court concludes that it would be inappropriate to retain
jurisdiction over a separate §1983 claim (if that is, in fact, what petitioner intends to present).
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Venue in this district would not be proper under this provision either, since petitioner indicates
that he is incarcerated at the R.J. Donovan Correctional Facility in San Diego, California. ECF
No. 1.
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Dannenberg v. Ingle, 831 F. Supp. 767, 768 (N.D. Cal. 1993). Contra Costa County lies within
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the venue of the Northern District of California. Accordingly, in the interest of justice, and
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pursuant to 28 U.S.C. §1406(a), this action is TRANSFERRED to the United States District
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Court for the Northern District of California.
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IT IS SO ORDERED.
DATED: June 5, 2017
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