Lopez v. The State of California

Filing 3

ORDER signed by Magistrate Judge Kendall J. Newman on 11/29/2017 ORDERING CASE TRANSFERRED to the U.S. District Court for the Northern District of California. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KEVIN LOPEZ,

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No. 2:17-cv-2368 KJN P
Petitioner,

v.

ORDER

THE STATE OF CALIFORNIA,

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Respondent.

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Petitioner, a state prisoner proceeding pro se, has filed a pleading titled “Notice of Filing

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Against California Courts for Denial of First Amendment Right of Meaningful Access to the

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Courts.” In this pleading, petitioner challenges a state court criminal conviction. Accordingly,

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the court construes petitioner’s pleading as an application for a writ of habeas corpus pursuant to

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28 U.S.C. § 2254.

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Petitioner is presently incarcerated at Valley State Prison in Madera County. He is
serving a sentence for a conviction rendered by the Contra Costa County Superior 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 U.S.

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484 (1973). In the instant case, petitioner's conviction occurred in an area covered by the District

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Court for the Northern District of California and his place of incarceration is located in an area
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covered by the Fresno Division of the District Court for the Eastern District of California.
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 Northern District of California. Id. at 499

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n.15; 28 U.S.C. § 2241(d).

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Dated: November 29, 2017

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lope2368.108a

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