Garcia v. Horel

Filing 4

TRANSFER ORDER. Signed by Judge Jeffrey S. White on 7/26/07. (jjo, COURT STAFF) (Filed on 7/26/2007)

Garcia v. Horel

Doc. 4

Case 3:07-cv-03669-JSW

Document 4

Filed 07/26/2007

Page 1 of 2

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. R. A. HOREL, Warden, Respondent. MIGUEL GARCIA JR., Petitioner, ) No. C 07-3669 JSW (PR) ) ) ) ) TRANSFER ORDER ) ) (Docket No. 2) ) ) ) IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Petitioner, a state prisoner incarcerated at Pelican Bay State Prison in Crescent City, California, has filed a petition for a writ of habeas corpus seeking review of his criminal conviction from Fresno 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 the 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: July 26, 2007 _______________________ JEFFREY S. WHITE United States District Judge

Dockets.Justia.com

Case 3:07-cv-03669-JSW

Document 4

Filed 07/26/2007

Page 2 of 2

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Miguel Garcia P70850 P.O. Box 7500 Crescent City, CA 95532 Dated: July 26, 2007 MIGUEL GARCIA JR., Plaintiff, v. R.A. HOREL et al, Defendant.

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Case Number: CV07-03669 JSW CERTIFICATE OF SERVICE

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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 July 26, 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.

Richard W. Wieking, Clerk By: Jennifer Ottolini, Deputy Clerk