Moss v. California Department of Corrections et al

Filing 11

ORDER TRANSFERRING CASE to Eastern District of California. Signed by Judge Charles R. Breyer on 8/3/2010. (Attachments: # 1 Certificate of Service)(be, COURT STAFF) (Filed on 8/9/2010)

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Moss v. California Department of Corrections et al Doc. 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 G:\PRO-SE\CRB\HC.10\Moss, G1.transfer.wpd IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA ) ) ) Petitioner, ) ) vs. ) GARY SWARTHOUT, Acting Warden, ) ) ) Respondent. ) GREGORY A. MOSS, No. C 10-1440 CRB (PR) ORDER OF TRANSFER (Docket # 2) Petitioner seeks federal habeas review of a conviction from Solano County Superior Court, which lies within the venue of the Eastern District of California. See 28 U.S.C. 84(b). Petitioner is incarcerated at California State Prison, Solano, which also lies within the venue of the Eastern District of California. See id. Venue is proper in a habeas action in either the district of confinement or the district of conviction, see id. 2241(d); however, petitions challenging a conviction preferably are heard in the district of conviction. See Habeas L.R. 2254-3(a); Dannenberg v. Ingle, 831 F. Supp. 767, 767 (N.D. Cal. 1993). Because the County of Solano lies in the Eastern District of California, the court ORDERS that pursuant to 28 U.S.C. 1404(a) and Habeas Local Rule 2254-3(b), and in the interest of justice, this petition be TRANSFERRED to the United States District Court for the Eastern District of California. The clerk shall transfer this matter and terminate all pending motions as moot. SO ORDERED. DATED: August 3, 2010 CHARLES R. BREYER United States District Judge

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