Adams v. People of the State of California

Filing 6

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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CURTIS EARNEST ADAMS, 12 Petitioner, 13 14 15 No. 2:16-cv-02994 MCE AC v. ORDER PEOPLE OF THE STATE OF CALIFORNIA, Respondent. 16 17 Petitioner is a state prisoner without counsel seeking a writ of habeas corpus pursuant to 18 19 28 U.S.C. § 2254. The petition challenges a conviction and/or sentence issued by the Contra 20 Costa County Superior Court.1 ECF No. 1 at 1. Under 28 U.S.C § 2241(d), courts in both the 21 district of conviction and the district of confinement2 have concurrent jurisdiction over 22 applications for habeas corpus filed by state prisoners. Federal courts in California generally hear 23 petitions challenging convictions or sentences in the district of conviction, however. See, e.g., 24 1 25 26 27 28 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). 2 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. 1 1 Dannenberg v. Ingle, 831 F. Supp. 767, 768 (N.D. Cal. 1993). Contra Costa County lies within 2 the venue of the Northern District of California. Accordingly, in the interest of justice, and 3 pursuant to 28 U.S.C. §1406(a), this action is TRANSFERRED to the United States District 4 Court for the Northern District of California. 5 6 IT IS SO ORDERED. DATED: June 5, 2017 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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