Thomas v. People of the State of California, et al.

Filing 5

ORDER OF TRANSFER. Signed by Judge Phyllis J. Hamilton on 4/11/18. ***Civil Case Terminated. (Certificate of Service attached) (kcS, COURT STAFF) (Filed on 4/11/2018) [Transferred from cand on 4/13/2018.]

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UNITED STATES D
DISTRICT C
COURT

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NORTHER DISTRIC OF CAL
N
RN
CT
LIFORNIA

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LA
ARRY JOS
SEPH THOM
MAS,
Petitioner,

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Case No. 18-cv-0178
89-PJH
ORDER O TRANSF
OF
FER

v.

Re: Dkt. N 2
No.
PEOPLE OF THE STAT OF
F
TE
CALIFORNIA
C
A,
ent.
Responde
This is a habeas case filed pro se by a state prisoner. Petitio
c
p
oner challen
nges a

United States District Court
Northern District of California

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conviction obt
tained in Sa
acramento County. S
Sacramento County is in the venu of the
ue

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Un
nited States District Co for the Eastern Dis
s
ourt
strict of California. Pe
etitioner is

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inc
carcerated in San Dieg CA, which is locate in the So
i
go,
ed
outhern Dis
strict of Cali
ifornia.

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Venue for a habeas action is proper in either the d
s
district of co
onfinement or the

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dis
strict of conviction, 28 U.S.C. § 22
241(d); this district is n
s
neither. Be
ecause petit
tions

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cha
allenging a conviction are prefera
ably heard in the distri of convic
ict
ction, Habe L.R.
eas

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2254-3(a); La v. Nelso 279 F. Supp. 265, 266 (N.D. Cal. 1968), and petitio
aue
on,
S
,
oner was

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S
o
his
he
States
convicted in Sacramento County, th case is T
TRANSFERRED to th United S

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strict Court for the Eas
stern Distric of Califor
ct
rnia. See 2 U.S.C. § 1406(a); H
28
Habeas L.R.
Dis

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2254-3(b). Pe
etitioner’s motion to pr
m
roceed in fo
orma paupe is (Doc
eris
cket No. 2) is

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VA
ACATED an can be reviewed on the cas is transfe
nd
r
nce
se
erred.

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IT IS SO ORDER
S
RED.
Da
ated: April 11, 2018

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PH
HYLLIS J. H
HAMILTON
N
Un
nited States District Ju
s
udge

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UNITED STATES D
D
DISTRICT C
COURT

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NORTHER DISTRIC OF CALI
RN
CT
IFORNIA

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LA
ARRY JOSE
EPH THOM
MAS,

Case No. 1
18-cv-01789
9-PJH

Plaintiff,
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v.

CERTIFIC
CATE OF S
SERVICE

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United States District Court
Northern District of California

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PE
EOPLE OF THE STATE OF
E
CALIFORNIA
A,
.
Defendant.
I, the un
ndersigned, hereby certify that I am an employe in the Offi of the Clerk, U.S.
ee
ice
Dis
strict Court, Northern Di
istrict of Cal
lifornia.

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That on April 11, 2018, I SERV
n
VED a true a correct c
and
copy(ies) of the attached by placing
d,
said copy(ies) in a postage paid envelo addressed to the pers
i
ope
d
son(s) herein
nafter listed, by
dep
positing said envelope in the U.S. Mail, or by pla
d
n
M
acing said co
opy(ies) into an inter-off delivery
o
ffice
y
rec
ceptacle loca in the Cl
ated
lerk's office.
.

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rry
T
Lar Joseph Thomas
J-0
05107
Ric
chard J. Don
novan Prison
n
480 Alta Road
0
San Diego, CA 9219
n
A

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Da
ated: April 11 2018
1,

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usan Y. Soon
ng
Su
Cl
lerk, United States Distr Court
d
rict
By
y:_________
___________
_______
K
Kelly Collins, Deputy Cle to the
,
erk
H
Honorable PH
HYLLIS J. H
HAMILTON
N

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