Jackson v. Alfaro

Filing 9

ORDER TRANSFERRING CASE to Eastern District of California. Signed by Magistrate Judge Nandor Vadas on 10/6/2014. (njvlc1, COURT STAFF) (Filed on 10/6/2014)

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1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 EUREKA DIVISION 6 7 BYRON JACKSON, Petitioner, 8 9 vs. ORDER OF TRANSFER SANDRA ALFARO, Respondent. 11 For the Northern District of California United States District Court 10 No. 1:14-CV-4218 NJV (PR) / 12 13 This is a habeas corpus petition filed pro se by a state prisoner. Petitioner seeks to 14 challenge a conviction obtained in the Superior Court in and for the County of Sacramento. 15 Sacramento County is in the venue of the United States District Court for the Eastern 16 District of California. Petitioner is incarcerated Delano, California, also in the Eastern 17 District. 18 Venue for a habeas action is proper in either the district of confinement or the district 19 of conviction, 28 U.S.C. § 2241(d); this district is neither. Because petitions challenging a 20 conviction are preferably heard in the district of conviction, Habeas L.R. 2254-3(a); Laue v. 21 Nelson, 279 F. Supp. 265, 266 (N.D. Cal. 1968), and petitioner was convicted and is 22 housed in the Eastern District, this case is TRANSFERRED to the United States District 23 Court for the Eastern District of California. See 28 U.S.C. § 1406(a); Habeas L.R. 2254- 24 3(b). 25 26 27 28 IT IS SO ORDERED. Dated: October 6, 2014. NANDOR J. VADAS United States Magistrate Judge 1 2 UNITED STATES DISTRICT COURT 3 NORTHERN DISTRICT OF CALIFORNIA 4 EUREKA DIVISION 5 6 BYRON JACKSON, No. 1:14-CV-4218 NJV 7 Petitioner, 8 v. CERTIFICATE OF SERVICE 9 SANDRA ALFARO, 11 For the Northern District of California United States District Court 10 Respondent. ___________________________________/ 12 13 I, the undersigned, hereby certify that on October 6, 2014, I SERVED a true and correct 14 copy of the attached, by placing said copy in a postage paid envelope addressed to the person(s) 15 listed below, by depositing said envelope in the U.S. Mail. 16 17 18 19 Byron Jackson AF-2225 North Kern Valley State Prison A-5-226 P.O. Box 5000 Delano, CA 93210 20 21 22 ____________________________________ 23 Linn Van Meter Administrative Law Clerk to the Honorable Nandor J. Vadas 24 25 26 27 28 2

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