Gomez v. Evans
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
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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?