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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1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 EUREKA DIVISION 6 7 DAVID B. DAVIS, Petitioner, 8 vs. 10 T.C.C.F., 11 For the Northern District of California United States District Court 9 No. C 16-1737 NJV (PR) ORDER OF TRANSFER Respondent. / 12 13 This is a habeas case filed pro se by a state prisoner. Petitioner seeks to challenge 14 a conviction obtained in the Shasta County Superior Court. Shasta County is in the venue 15 of the United States District Court for the Eastern District of California. Petitioner is 16 incarcerated in Mississippi. 17 Venue for a habeas action is proper in either the district of confinement or the district 18 of conviction, 28 U.S.C. § 2241(d); this district is neither. Because petitions challenging a 19 conviction are preferably heard in the district of conviction, Habeas L.R. 2254-3(a); Laue v. 20 Nelson, 279 F. Supp. 265, 266 (N.D. Cal. 1968), and petitioner was convicted and in the 21 Eastern District, this case is TRANSFERRED to the United States District Court for the 22 Eastern District of California. See 28 U.S.C. § 1406(a); Habeas L.R. 2254-3(b). 23 24 IT IS SO ORDERED. 25 Dated: May 26, 2016. 26 27 28 NANDOR J. VADAS United States Magistrate Judge

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