Turner v. Lewis et al

Filing 3

ORDER TRANSFERRING CASE to the Eastern District of California.. Signed by Judge Charles R. Breyer on 12/15/2010. (Attachments: # 1 Certificate of Service)(be, COURT STAFF) (Filed on 12/17/2010)

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Turner v. Lewis et al Doc. 3 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 vs. G. LEWIS, Acting Warden, Respondent. ANTHONY R. TURNER, G-27511, Petitioner, ) ) ) ) ) ) ) ) ) ) IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA No. C 10-5556 CRB (PR) ORDER OF TRANSFER Petitioner seeks federal habeas review of a conviction from the Superior Court of the State of California in and for the County of Yolo, which lies within the venue of the Eastern District of California. See 28 U.S.C. 84(b). Petitioner is incarcerated at Pelican Bay State Prison in the County of Del Norte, which lies within the venue of this district. See id. 84(a). 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 Yolo 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: Dec. 15, 2010 CHARLES R. BREYER United States District Judge Dockets.Justia.com

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