Black v. Clark

Filing 2

ORDER OF TRANSFER to the USDC for the Eastern District of California (1:09-cv-678 WMW(HC)). (SI, COURT STAFF) (Filed on 4/13/2009) (Additional attachment(s) added on 4/20/2009: # 1 cs) (ys, COURT STAFF).

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1 2 3 4 5 6 7 8 9 10 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 KEVIN MICHAEL BLACK, Petitioner, v. KEN CLARK, warden, Respondent. / No. C 09-1548 SI (pr) ORDER OF TRANSFER Kevin Michael Black, currently incarcerated in a prison in Corcoran, California, has filed a petition for writ of habeas corpus to challenge his conviction from the Tulare County Superior Court. Tulare County lies 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 the sentence imposed is preferably heard in the district of conviction. See Habeas L.R. 2254-3(b). Because the conviction occurred in, and the prisoner is housed in, the Eastern District of California, pursuant to 28 U.S.C. 1404(a) and Habeas L.R. 2254-3(b), and in the interests of justice, this action is TRANSFERRED to the United States District Court for the Eastern District of California. The clerk shall transfer this matter forthwith. IT IS SO ORDERED. DATED: April 13, 2009 SUSAN ILLSTON United States District Judge

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