Ramirez v. Hedgpeth

Filing 4

ORDER TRANSFERRING CASE to 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)

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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 TONY A. RAMIREZ, Petitioner, v. ANTONY HEDGPETH, Warden, Respondent. / No. C 08-4831 MHP (pr) ORDER OF TRANSFER Tony A. Ramirez has filed a petition for writ of habeas corpus to challenge his conviction from the San Joaquin County Superior Court. San Joaquin County lies within the venue of the Eastern District of California. Ramirez is currently incarcerated in a state prison in Delano, in Kern County, also 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 is preferably heard in the district of conviction. Habeas L.R. 2254-3(b). Because petitioner is confined in, and 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: December 18, 2008 Marilyn Hall Patel United States District Judge

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