Hughes v. Kirkland

Filing 3

ORDER TRANSFERRING CASE.. Signed by Judge Charles R. Breyer on July 14, 2005. (crblc1, COURT STAFF) (Filed on 7/14/2005)

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Hughes v. Kirkland Doc. 3 Case 3:05-cv-02809-CRB Document 3 Filed 07/14/2005 Page 1 of 2 1 2 3 4 5 6 7 8 9 10 I N THE UNITED STATES DISTRICT COURT F O R THE NORTHERN DISTRICT OF CALIFORNIA U n it e d United States District Court 11 12 For the Northern District of California B R E N I C E HUGHES, Petitioner, v. R I C H A R D KIRKLAND, Warden, Pelican B a y State Prison, Res pon dent. / N o . C 05-02809 CRB O R D E R OF TRANSFER 13 14 15 16 17 P e t i ti o n e r , who is in the custody of the California Department of Corrections, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. section 2254 challenging his con victi on. Petitioner was convicted of murder after a jury trial in Los Angeles County. 18 19 20 Since petitioner is challenging his conviction rather than the manner in which his 21 sen tenc e is being executed, venue is not proper in this district. See Habeas L.R. 2254-3(a). 22 Accordingly, this action is hereby TRANSFERRED to the United States District Court for 23 the Central District of California. See 28 U.S.C. 2241(d) (giving a district court discretion 24 to transfer a habeas petition to the district of conviction). 25 IT IS SO ORDERED. 26 27 D a t e d : July 14, 2005 28 CHARLES R. BREYER U N I TE D STATES DISTRICT JUDGE G:\CRBALL\2005\2809\ordertoshowcause.wpd Dockets.Justia.com Case 3:05-cv-02809-CRB Document 3 Filed 07/14/2005 Page 2 of 2 1 2 3 4 5 6 7 8 9 10 United States District Court 11 12 For the Northern District of California 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 G:\CRBALL\2005\2809\ordertoshowcause.wpd

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