Raya v. Grounds

Filing 6

ORDER OF TRANSFER. Signed by Judge Jeffrey S. White on 8/30/11. (jjoS, COURT STAFF) (Filed on 8/30/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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ADAN MADERO RAYA,

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Petitioner,
vs.
GROUNDS, Warden,
Respondent.

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No. C 11-3742 JSW (PR)
ORDER OF TRANSFER
(Docket Nos. 2, 4)

Petitioner is a state prisoner currently incarcerated at the California Training
Facility in Soledad (“CTF”). He has filed a pro se petition for a writ of habeas corpus
under 28 U.S.C. § 2254 challenging a conviction obtained in Shasta. CTF is located
within the venue of this Court, but Shasta County lies within the venue of the United
States District Court for the Eastern 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 Eastern District, this action is
TRANSFERRED to the United States District Court for the Eastern District of

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California. See 28 U.S.C. § 1406(a). Ruling on the pending motions (docket numbers 2

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and 4) is deferred to the Eastern District in light of this transfer.

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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:August 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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ADAN M. RAYA,
Plaintiff,

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Case Number: CV11-03742 JSW
CERTIFICATE OF SERVICE

v.
RONALD GROUND et al,
Defendant.

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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 August 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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Adan M. Raya
F93683
P.O. Box 705
Soledad, CA 93960

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Dated: August 30, 2011

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