Strain v. People of the State of California

Filing 4

ORDER TRANSFERRING CASE to Eastern District of California. Signed by Judge Nandor J. Vadas on April 23, 2014. (njvlc2, COURT STAFF) (Filed on 4/23/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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EUREKA DIVISION

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JEREMY D. STRAIN,
Petitioner,

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vs.

ORDER OF TRANSFER

PEOPLE OF THE STATE OF
CALIFORNIA,

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Respondent.
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This is a habeas case filed pro se by a state prisoner. Petitioner seeks to challenge
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a conviction obtained in the Superior Court of Sacramento County. Sacramento County is
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in the venue of the United States District Court for the Eastern District of California.
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Petitioner is incarcerated at the Calipatria State Prison, which is in the Southern District.
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Venue for a habeas action is proper in either the district of confinement or the district
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of conviction, 28 U.S.C. § 2241(d); this district is neither. Because petitions challenging a
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conviction are preferably heard in the district of conviction, Habeas L.R. 2254-3(a); Laue v.
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Nelson, 279 F. Supp. 265, 266 (N.D. Cal. 1968), and petitioner was convicted in
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Sacramento County, this case is TRANSFERRED to the United States District Court for the
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Eastern District of California. See 28 U.S.C. § 1406(a); Habeas L.R. 2254-3(b).
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RT

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J. Vadas

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andor
Judge N

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NANDOR J. VADAS
United States Magistrate Judge

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Dated: April 23, 2014.
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IT IS SO ORDERED.
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S DISTRICT
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UNIT
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For the Northern District of California

United States District Court

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No. C 14-1793 NJV (PR)

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