Stewart v. Curry

Filing 6

ORDER TRANSFERRING CASE to the Eastern District of California; Signed by Judge Marilyn Hall Patel on 12/18/2008. (Attachments: # 1 CertServ)(awb, COURT-STAFF) (Filed on 12/23/2008)

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 JIMMY L. STEWART, Petitioner, v. BEN CURRY, Warden, Respondent. / No. C 08-4342 MHP (pr) ORDER OF TRANSFER Jimmy L. Stewart has filed a petition for writ of habeas corpus to challenge his conviction from the Sacramento County Superior Court. Sacramento County lies within the venue of the Eastern District of California. Stewart is currently incarcerated at the Correctional Training Facility in Soledad. Soledad is in Monterey County, within the venue of the Northern 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 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. IT IS SO ORDERED. DATED: December 18, 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?