Mackey v. Harrington

Filing 4

ORDER TRANSFERRING CASE. Signed by Judge William Alsup on 8/30/10. (Attachments: # 1 Certificate of Service)(dt, COURT STAFF) (Filed on 9/2/2010)

Mackey v. Harrington

Doc. 4

1 2 3 4 5 6 7 8 9 10 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA MICHAEL E. MACKEY, Petitioner, vs. K. HARRINGTON, Respondent. / No. C 10-2998 WHA (PR) ORDER OF TRANSFER

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

This is a habeas case brought pro se by a state prisoner to challenge denial of parole. Petitioner was convicted in Solano County Superior Court, which is in the venue of the Eastern District of California. See 28 U.S.C. § 84. Petitioner is incarcerated in Kern Valley State Prison, in Delano California, which also lies within the venue of the Eastern District. Ibid. 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). The clerk shall terminate any pending motions from this court's docket. IT IS SO ORDERED. Dated: August 30 , 2010.

WILLIAM ALSUP UNITED STATES DISTRICT JUDGE

G:\PRO-SE\WHA\HC.10\MACKEY2998.TRN.wpd

Dockets.Justia.com