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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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EUREKA DIVISION

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BYRON JACKSON,
Petitioner,

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vs.

ORDER OF TRANSFER

SANDRA ALFARO,
Respondent.

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For the Northern District of California

United States District Court

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No. 1:14-CV-4218 NJV (PR)

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This is a habeas corpus petition filed pro se by a state prisoner. Petitioner seeks to

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challenge a conviction obtained in the Superior Court in and for the County of Sacramento.

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Sacramento County is in the venue of the United States District Court for the Eastern

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District of California. Petitioner is incarcerated Delano, California, also in the Eastern

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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 and is

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housed in the Eastern District, this case is TRANSFERRED to the United States District

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Court for the Eastern District of California. See 28 U.S.C. § 1406(a); Habeas L.R. 2254-

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3(b).

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IT IS SO ORDERED.
Dated: October 6, 2014.
NANDOR J. VADAS
United States Magistrate Judge

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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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BYRON JACKSON,

No. 1:14-CV-4218 NJV

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Petitioner,
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v.

CERTIFICATE OF SERVICE

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SANDRA ALFARO,
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For the Northern District of California

United States District Court

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Respondent.
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I, the undersigned, hereby certify that on October 6, 2014, I SERVED a true and correct

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copy of the attached, by placing said copy in a postage paid envelope addressed to the person(s)

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listed below, by depositing said envelope in the U.S. Mail.

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Byron Jackson
AF-2225
North Kern Valley State Prison
A-5-226
P.O. Box 5000
Delano, CA 93210

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____________________________________

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Linn Van Meter
Administrative Law Clerk to
the Honorable Nandor J. Vadas

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