Durr v. Clark et al

Filing 3

ORDER TRANSFERRING CASE. Case transferred to the Central District of California. Signed by Judge William Alsup on 2/5/08. (Attachments: # 1 Certificate of Service)(dt, COURT STAFF) (Filed on 2/6/2008)

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Durr v. Clark et al Doc. 3 Case 3:08-cv-00628-WHA Document 3 Filed 02/06/2008 Page 1 of 1 1 2 3 4 5 6 7 8 9 10 DEWANE KENT DURR, Petitioner, vs. KEN CLERK, Warden, and EDMUND G. BROWN, Attorney General, Respondents. / No. C 08-0628 WHA (PR) ORDER OF TRANSFER IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 In this habeas case petitioner seeks to challenge a conviction and sentence incurred in the Superior Court of Los Angeles County. Los Angeles County is in the venue of the United States District Court for the Central District of California. Petitioner is incarcerated at Corcoran State Prison, which is in the Eastern District. Venue for a habeas action is proper in either the district of confinement or the district of conviction, 28 U.S.C. 2241(d); however, petitions challenging a conviction are preferably heard in the district of conviction. Habeas L.R. 2254-3(a); Laue v. Nelson, 279 F. Supp. 265, 266 (N.D. Cal. 1968). Because petitioner was convicted in Los Angeles County, this case is TRANSFERRED to the United States District Court for the Central District of California. See 28 U.S.C. 1406(a); Habeas L.R. 2254-3(b). IT IS SO ORDERED. Dated: February 5 , 2008. G:\PRO-SE\W HA\HC.08\DURR0628.TRN.wpd WILLIAM ALSUP UNITED STATES DISTRICT JUDGE Dockets.Justia.com Case 3:08-cv-00628-WHA Document 3-2 Filed 02/06/2008 Page 1 of 1 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA DEWANE K.DURR, Plaintiff, v. KEN CLERK et al, Defendant. / Case Number: CV08-00628 WHA 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 February 6, 2008, 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. Dewane K. Durr #P-12787/ F-2-B-136 up PO Box 5244 Corcoran, CA 93212 Dated: February 6, 2008 Richard W. Wieking, Clerk By: D. Toland, Deputy Clerk

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