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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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EUREKA DIVISON

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JERRY C. JOHNSON,

Case No. 17-cv-5855-RMI (PR)

Petitioner,
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v.

ORDER OF TRANSFER

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SCOTT KERNAN,

United States District Court
Northern District of California

Respondent.

Docket Nos. 2, 3

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This is a petition for writ of habeas corpus filed pro se by a state prisoner. Petitioner

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challenges a conviction obtained in the Solano County Superior Court. Solano County is in the

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venue of the United States District Court for the Eastern District of California. Petitioner is

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incarcerated in this district.

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Venue for a habeas action is proper in either the district of confinement or the district of

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conviction, 28 U.S.C. § 2241(d). Because petitions challenging a conviction are preferably heard

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in the district of conviction, Habeas L.R. 2254-3(a); Laue v. Nelson, 279 F. Supp. 265, 266 (N.D.

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Cal. 1968), and petitioner was convicted in the Eastern District, this case is TRANSFERRED to

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the United States District Court for the Eastern District of California. See 28 U.S.C. § 1406(a);

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Habeas L.R. 2254-3(b). All pending motions are vacated and will be addressed in the Eastern

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District.

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IT IS SO ORDERED.
Dated: November 30, 2017
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ROBERT M. ILLMAN
United States Magistrate Judge