Myers v. Subia et al

Filing 4

ORDER TRANSFERRING CASE to the Eastern District of California. Signed by Judge Thelton E. Henderson on 02/06/08. (Attachments: # 1 Certificate of Service)(rbe, COURT STAFF) (Filed on 2/6/2008)

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Myers v. Subia et al Doc. 4 Case 3:08-cv-00758-TEH Document 4 Filed 02/06/2008 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 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA DARREL L. MYERS, Petitioner, vs. RICH SUBIA, Warder, et al, Respondent. ) No. C 08-0758 TEH (PR) ) ) ) ) TRANSFER ORDER ) ) (Docket nos. 2, 3) ) ) ) Petitioner, a prisoner of the State of California currently incarcerated at Mule Creek State Prison in Ione, California, has filed a petition for a writ of habeas corpus seeking review of his criminal conviction from Yolo 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 motions (docket nos. 2, 3). SO ORDERED. DATED: 02/06/08 _______________________ THELTON E. HENDERSON United States District Judge Case 3:08-cv-00758-TEH Document 4-2 Filed 02/06/2008 Page 1 of 1 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA DARREL L MYERS, Plaintiff, v. RICH SUBIA et al, Defendant. / Case Number: CV08-00758 TEH 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. Darrel L. Myers J-82192 Mule Creek State Prison Bldg. A-2 137 P.O. Box 409020 Ione, CA 95640 Dated: February 6, 2008 Richard W. Wieking, Clerk By: R.B. Espinosa, Deputy Clerk

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