Martinez v. Evans
TRANSFER ORDER . Signed by Judge Jeffrey S. White on 5/23/07. (jjo, COURT STAFF) (Filed on 5/23/2007)
Martinez v. Evans
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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, Warden, Respondent. SILVERIO REYES MARTINEZ, Petitioner, ) No. C 07-2611 JSW (PR) ) ) ) ) TRANSFER ORDER ) ) (Docket No. 2) ) ) ) IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
Petitioner, a prisoner incarcerated at Salinas Valley State Prison in Soledad, California, has filed a petition for a writ of habeas corpus seeking review of his criminal conviction from Sacramento County, which lies within the venue of the Eastern District of California. See 28 USC § 84(b). Venue is proper in a habeas action in either the district of conviction or the district of confinement, see id § 2241(d). However, federal courts in California traditionally have chosen to hear petitions challenging a conviction or sentence in the district of conviction. See Dannenberg v. Ingle, 831 F. Supp. 767, 767 (N.D. Cal. 1993); Laue v. Nelson, 279 F. Supp. 265, 266 (N.D. Cal. 1968). Therefore, the Court ORDERS that pursuant to 28 USC § 1404(a) and Habeas LR 2254-3(b), and in the interest of justice, the Clerk of Court shall TRANSFER this matter to the United States District Court for the Eastern District of California. In light of the transfer, this Court will not resolve Petitioner's pending motion (docket no. 2). IT IS SO ORDERED. DATED: May 23, 2007 _______________________ JEFFREY S. WHITE United States District Judge
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SILVERIO R MARTINEZ, Plaintiff, v. M EVANS et al, Defendant.
UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
Case Number: CV07-02611 JSW CERTIFICATE OF SERVICE
I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on May 23, 2007, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office.
Silverio Reyes Martinez T-37730 Salinas Valley State Prison B4-232 P.O. Box 1050 Soledad, CA 93960-1050 Dated: May 23, 2007 Richard W. Wieking, Clerk By: Jennifer Ottolini, Deputy Clerk
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