Davis v. T.C.C.F.

Filing 7

ORDER TRANSFERRING CASE. Signed by Judge Nandor J. Vadas on 5/26/2016. (Attachments: # 1 Certificate/Proof of Service)(njvlc1, COURT STAFF) (Filed on 5/26/2016)

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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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DAVID B. DAVIS,
Petitioner,

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vs.

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T.C.C.F.,

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For the Northern District of California

United States District Court

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No. C 16-1737 NJV (PR)
ORDER OF TRANSFER

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 Shasta County Superior Court. Shasta County is in the venue

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of the United States District Court for the Eastern District of California. Petitioner is

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incarcerated in Mississippi.

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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 in the

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Eastern District, 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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IT IS SO ORDERED.

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Dated: May 26, 2016.
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NANDOR J. VADAS
United States Magistrate Judge