Jordan v. Clark

Filing 3

ORDER TRANSFERRING CASE. Signed by Judge William Alsup on 12/8/08. (Attachments: # 1 Certificate of Service)(dt, COURT STAFF) (Filed on 12/8/2008)

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1 2 3 4 5 6 7 8 9 10 EDWARD JORDAN, Petitioner, v. KEN CLARK, Warden, Respondent. / No. C 08-5432 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). In view of the transfer, the court will not rule on petitioner's motion to proceed in forma pauperis. IT IS SO ORDERED. Dated: December 8 , 2008. G:\PRO-SE\W HA\HC.08\JORDAN5432.TRN.wpd WILLIAM ALSUP UNITED STATES DISTRICT JUDGE

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