Johnson v. Kernan et al

Filing 11

ORDER TRANSFERRING CASE to Eastern District of California. Signed by Judge Robert M. Illman on 11/30/2017. (Attachments: # 1 Certificate/Proof of Service)(rmilc1s, COURT STAFF) (Filed on 11/30/2017) [Transferred from cand on 12/1/2017.]

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 EUREKA DIVISON 7 8 JERRY C. JOHNSON, Case No. 17-cv-5855-RMI (PR) Petitioner, 9 v. ORDER OF TRANSFER 10 11 SCOTT KERNAN, United States District Court Northern District of California Respondent. Docket Nos. 2, 3 12 13 14 This is a petition for writ of habeas corpus filed pro se by a state prisoner. Petitioner 15 challenges a conviction obtained in the Solano County Superior Court. Solano County is in the 16 venue of the United States District Court for the Eastern District of California. Petitioner is 17 incarcerated in this district. 18 Venue for a habeas action is proper in either the district of confinement or the district of 19 conviction, 28 U.S.C. § 2241(d). Because petitions challenging a conviction are preferably heard 20 in the district of conviction, Habeas L.R. 2254-3(a); Laue v. Nelson, 279 F. Supp. 265, 266 (N.D. 21 Cal. 1968), and petitioner was convicted in the Eastern District, this case is TRANSFERRED to 22 the United States District Court for the Eastern District of California. See 28 U.S.C. § 1406(a); 23 Habeas L.R. 2254-3(b). All pending motions are vacated and will be addressed in the Eastern 24 District. 25 26 27 28 IT IS SO ORDERED. Dated: November 30, 2017 ________________________ ROBERT M. ILLMAN United States Magistrate Judge

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