Garnett v. The People of the State of California et al

Filing 3

ORDER of Transfer. Signed by Judge Jeffrey S. White on 6/30/11. (jjoS, COURT STAFF) (Filed on 6/30/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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FARRAR GARNETT,

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Petitioner,
vs.
STATE OF CALIFORNIA,
Respondent.

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No. C 11-3016 JSW (PR)
ORDER OF TRANSFER

Petitioner is a state prisoner currently incarcerated at Salinas Valley State Prison.
He has filed a pro se petition for a writ of habeas corpus under 28 U.S.C. § 2254
challenging a conviction obtained in Los Angeles County. Salinas Valley State Prison a
is located within the venue of this Court, but Los Angeles lies within the venue of the
United States District Court for the Central District of California. See 28 U.S.C. § 84.
A petition for a writ of habeas corpus made by a person in custody under the
judgment and sentence of a state court of a state which contains two or more federal
judicial districts may be filed in either the district of confinement or the district of
conviction. See 28 U.S.C. § 2241(d). Each of such districts shall have concurrent
jurisdiction to entertain the petition; however, the district court for the district where the
petition is filed may transfer the petition to the other district in the furtherance of justice.
Id. Federal courts in California traditionally have chosen to hear petitions challenging a
conviction or sentence in the district of conviction. Dannenberg v. Ingle, 831 F. Supp.
767, 768 (N.D. Cal. 1993); Laue v. Nelson, 279 F. Supp. 265, 266 (N.D. Cal. 1968).
As Petitioner was convicted and in the Central District, this action is
TRANSFERRED to the United States District Court for the Central District of

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California. See 28 U.S.C. § 1406(a).

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The Clerk of the Court shall transfer this matter forthwith.

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IT IS SO ORDERED.

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DATED: June 30, 2011
JEFFREY S. WHITE
United States District Judge

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UNITED STATES DISTRICT COURT

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FOR THE

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NORTHERN DISTRICT OF CALIFORNIA

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FARRAR GARNETT,
Plaintiff,

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CERTIFICATE OF SERVICE

v.
PEOPLE OF THE STATE OF CALIFORNIA
et al,
Defendant.

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Case Number: CV11-03016 JSW

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
That on June 30, 2011, I SERVED a true and correct copy(ies) of the attached, by placing said
copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing
said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery
receptacle located in the Clerk's office.

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Farrar Garnett
S.V.S.P.
P.O. Box 1050
K09966
Soledad, CA 93960

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Dated: June 30, 2011

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Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk