Fritz v. Warden

Filing 7

ORDER TRANSFERRING CASE to US District Court Eastern District of California. Signed by Judge Yvonne Gonzalez Rogers on 2/6/17. (Attachments: # 1 Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 2/6/2017)[Transferred from cand on 2/7/2017.]

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1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 JAMAL DEWAYNE FRITZ, Petitioner, 5 DANIEL PARAMO, Warden,1 Respondent. 8 9 10 United States District Court Northern District of California 11 ORDER OF TRANSFER v. 6 7 Case No. 16-cv-07137-YGR (PR) Petitioner, a state prisoner, has filed a pro se petition for a writ of habeas corpus. He has filed a motion for leave to proceed in forma pauperis. Federal statute allows “the Supreme Court, any justice thereof, the district courts and any 12 circuit judge” to grant writs of habeas corpus “within their respective jurisdictions.” 28 U.S.C. 13 § 2241(a). A federal petition for a writ of habeas corpus made by a person in custody under the 14 judgment and sentence of a state court is properly filed in either the district of confinement or the 15 district of conviction. Id. § 2241(d). Where a case is filed in the wrong venue, the district court 16 has the discretion to transfer it to the proper federal court in the interest of justice. See 28 U.S.C. 17 § 1406(a). 18 Here, Petitioner challenges a conviction and sentence incurred in the Tehama County 19 Superior Court, which is in the venue of the Eastern District of California. See 28 U.S.C. § 84. 20 Accordingly, that is the proper venue for this action. 21 Pursuant to 28 U.S.C. § 1406(a) and Habeas L.R. 2254-3(b), and in the interest of justice, 22 the Clerk of the Court is ordered to TRANSFER this action forthwith to the United States District 23 Court for the Eastern District of California. 24 25 All remaining motions are TERMINATED on this Court’s docket as no longer pending in this district. 26 27 28 1 Daniel Paramo, the current acting warden of the prison where Petitioner is incarcerated, has been substituted as Respondent pursuant to Rule 25(d) of the Federal Rules of Civil Procedure. 1 This Order terminates Docket No. 6. 2 IT IS SO ORDERED. 3 Dated: February 6, 2017 4 5 YVONNE GONZALEZ ROGERS United States District Judge 6 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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