Turner v. United States of America

Filing 5

ORDER TRANSFERRING CASE to Eastern District of California; Signed by Judge Marilyn Hall Patel on 9/2/2008. (Attachments: # 1 CertServ)(awb, COURT-STAFF) (Filed on 9/3/2008)

Download PDF
1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA In Re. ANTHONY R. TURNER, Petitioner. / No. C 08-3835 MHP (pr) ORDER OF TRANSFER Anthony R. Turner, an inmate at the Deuel Vocational Institute in San Joaquin County, filed this action to challenge his conviction in Yolo County Superior Court. Although he used the form for challenging a federal court conviction, see 28 U.S.C. § 2255, the text makes clear that Turner challenges a state court conviction rather than a federal court conviction. Both San Joaquin County (i.e., the county in which he is incarcerated) and Yolo County (i.e., the county in which the conviction occurred) lie within the venue of the Eastern District of California. Venue is proper in a habeas action in either the district of confinement or the district of conviction, 28 U.S.C. § 2241(d); however, a petition challenging a conviction or sentence is preferably heard in the district of conviction. Habeas L.R. 22543(b). Because the conviction occurred in the Eastern District of California, pursuant to 28 U.S.C. § 1404(a) and Habeas L.R. 2254-3(b), and in the interest of justice, this action is TRANSFERRED to the United States District Court for the Eastern District of California. The clerk shall transfer this matter. IT IS SO ORDERED. DATED: September 2, 2008 Marilyn Hall Patel 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?