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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1 2 UNITED STATES D DISTRICT C COURT 3 NORTHER DISTRIC OF CAL N RN CT LIFORNIA 4 5 LA ARRY JOS SEPH THOM MAS, Petitioner, 6 7 8 9 10 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 11 conviction obt tained in Sa acramento County. S Sacramento County is in the venu of the ue 12 Un nited States District Co for the Eastern Dis s ourt strict of California. Pe etitioner is 13 inc carcerated in San Dieg CA, which is locate in the So i go, ed outhern Dis strict of Cali ifornia. 14 Venue for a habeas action is proper in either the d s district of co onfinement or the 15 dis strict of conviction, 28 U.S.C. § 22 241(d); this district is n s neither. Be ecause petit tions 16 cha allenging a conviction are prefera ably heard in the distri of convic ict ction, Habe L.R. eas 17 2254-3(a); La v. Nelso 279 F. Supp. 265, 266 (N.D. Cal. 1968), and petitio aue on, S , oner was 18 S o his he States convicted in Sacramento County, th case is T TRANSFERRED to th United S 19 strict Court for the Eas stern Distric of Califor ct rnia. See 2 U.S.C. § 1406(a); H 28 Habeas L.R. Dis 20 2254-3(b). Pe etitioner’s motion to pr m roceed in fo orma paupe is (Doc eris cket No. 2) is 21 VA ACATED an can be reviewed on the cas is transfe nd r nce se erred. 22 23 IT IS SO ORDER S RED. Da ated: April 11, 2018 24 25 26 27 28 PH HYLLIS J. H HAMILTON N Un nited States District Ju s udge 1 2 UNITED STATES D D DISTRICT C COURT 3 NORTHER DISTRIC OF CALI RN CT IFORNIA 4 5 LA ARRY JOSE EPH THOM MAS, Case No. 1 18-cv-01789 9-PJH Plaintiff, 6 v. CERTIFIC CATE OF S SERVICE 7 8 9 10 United States District Court Northern District of California 11 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. 12 13 14 15 16 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. . 17 18 19 20 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 21 22 Da ated: April 11 2018 1, 23 24 25 26 27 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 28 2

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