Kimble v. People of the State of California

Filing 7

ORDER TRANSFERRING CASE to Eastern District of California. Signed by Judge Nandor J. Vadas on 6/12/2017. (Attachments: # 1 Certificate/Proof of Service)(njvlc1, COURT STAFF) (Filed on 6/12/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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EUREKA DIVISON

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LARRY CUNNIGHAM KIMBLE,

Case No. 17-cv-2581-NJV (PR)

Petitioner,
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v.

ORDER OF TRANSFER

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United States District Court
Northern District of California

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PEOPLE OF THE STATE OF
CALIFORNIA,

Docket Nos. 2, 6

Respondent.
This is a habeas corpus petition filed pro se by a state prisoner. Petitioner challenges a

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conviction obtained in the San Joaquin County Superior Court. San Joaquin County is in the

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

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incarcerated in the Eastern District of California.

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Venue for a habeas action is proper in either the district of confinement or the district of

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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 incarcerated

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in the 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). All pending

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motions are vacated and will be addressed in the Eastern District.

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IT IS SO ORDERED.
Dated: June 12, 2017
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NANDOR J. VADAS
United States Magistrate Judge