Gomez v. Evans

Filing 3

ORDER TRANSFERRING CASE to the Eastern District of California. Signed by Judge Charles R. Breyer on 1/31/06. (Attachments: # 1 Certificate of Service)(be, COURT STAFF) (Filed on 1/31/2006)

Gomez v. Evans

Doc. 3

Case 3:06-cv-00480-CRB

Document 3

Filed 01/31/2006

Page 1 of 1

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 vs. M. EVANS, Respondent. LARRY JAMES GOMEZ, Petitioner, ) ) ) ) ) ) ) ) ) ) IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

No. C 06-0480 CRB (PR) ORDER OF TRANSFER

Petitioner seeks federal habeas review of a conviction from the Superior Court of the State of California in and for the County of Merced, which lies within the venue of the Eastern District of California. See 28 U.S.C. § 84(b). Petitioner is incarcerated at Salinas Valley State Prison in Soledad, County of Monterey, which lies within the venue of this judicial district. See id. § 84(a). Venue is proper in a habeas action in either the district of confinement or the district of conviction, see id. § 2241(d); however, petitions challenging a conviction preferably are heard in the district of conviction. See Habeas L.R. 2254-3(a); Dannenberg v. Ingle, 831 F. Supp. 767, 767 (N.D. Cal. 1993). Because the County of Merced lies in the Eastern District of California, the court ORDERS that pursuant to 28 U.S.C. § 1404(a) and Habeas Local Rule 2254-3(b), and in the interest of justice, this petition be TRANSFERRED to the United States District Court for the Eastern District of California. The clerk shall transfer this matter and terminate all pending motions as moot. SO ORDERED. DATED: Jan. 31, 2006 CHARLES R. BREYER United States District Judge

Dockets.Justia.com