Gomez v. De Rosa

Filing 3

ORDER TRANSFERRING CASE. Signed by Judge William Alsup on 6/17/09. (Attachments: # 1 Certificate of Service)(dt, COURT STAFF) (Filed on 6/17/2009)

1 2 3 4 5 6 7 8 9 10 ALFREDO S. GOMEZ, Petitioner, vs. Warden CHUCK DE ROSA, Respondent. / In this habeas case petitioner seeks to challenge a conviction and sentence incurred in the Superior Court of Solano County. Solonao County is in the venue of the United States District Court for the Eastern District of California. Petitioner is incarcerated at the La Palma Correctional Center in Elroy, Arizona. 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 Solano County, this case is TRANSFERRED to the United States District Court for the Eastern District of California. See 28 U.S.C. § 1406(a); Habeas L.R. 2254-3(b). IT IS SO ORDERED. Dated: June 17 , 2009. No. C 09-2614 WHA (PR) ORDER OF TRANSFER IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court

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For the Northern District of California

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WILLIAM ALSUP UNITED STATES DISTRICT JUDGE

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