Rogers v. Virga

Filing 5

ORDER TRANSFERRING CASE. Signed by Judge William Alsup on 8/29/11. (Attachments: # 1 Certificate of Service)(dt, COURT STAFF) (Filed on 9/2/2011)

1
2
3
4
5
6
7
IN THE UNITED STATES DISTRICT COURT
8
FOR THE NORTHERN DISTRICT OF CALIFORNIA

9

11
For the Northern District of California

United States District Court

10
JAMAR RAYLEE ROGERS,
Petitioner,

12

ORDER OF TRANSFER

v.

13
14

No. C 11-1653 WHA (PR)

VIRGA, Warden,
Respondent.

15

/

(Docket No. 3)

16
17

In this habeas case petitioner seeks to challenge a conviction and sentence incurred in

18

the Superior Court of Los Angeles County. Los Angeles County is in the venue of the United

19

States District Court for the Central District of California. 28 U.S.C. 84. Petitioner is

20

incarcerated at New Folsom State Prison, in Sacramento, which is in the venue of the Eastern

21

District of California. Ibid.

22

Venue for a habeas action is proper in either the district of confinement or the district of

23

conviction, 28 U.S.C. 2241(d); however, petitions challenging a conviction are preferably heard

24

in the district of conviction. Habeas L.R. 2254-3(a); Laue v. Nelson, 279 F. Supp. 265, 266

25

(N.D. Cal. 1968). Because petitioner was convicted in Central District, this case is

26

TRANSFERRED to the United States District Court for the Central District of California. See 28

27

//

28

//

1

U.S.C. § 1406(a); Habeas L.R. 2254-3(b). Ruling on the request for an extension of time in

2

which to file an application to proceed in forma pauperis will be deferred to the Central District.

3

IT IS SO ORDERED.

4
Dated: August

29

, 2011.

5

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

6
7
8
9

11
For the Northern District of California

United States District Court

10

12
13
14
15
16
17
18

G:\PRO-SE\WHA\HC.11\ROGERS3751.TRN.wpd

19
20
21
22
23
24
25
26
27
28
2