Stamos v. Warden - SVSP

Filing 11

ORDER OF TRANSFER. The Court orders this Petition transferred to the United States District Court for the Eastern District of California. Signed by Judge Thelton E. Henderson on 10/11/2011. (Attachments: # 1 Certificate of Service)(tmi, COURT STAFF) (Filed on 10/12/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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JAMES GEORGE STAMOS,

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No. C-11-4302 TEH (PR)

Petitioner,
v.

ORDER OF TRANSFER

WARDEN, SALINAS VALLEY STATE
PRISON,
Respondent.
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Petitioner seeks federal habeas review of a conviction

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from the Superior Court of the State of California in and for the

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County of Amador, which lies within the venue of the Eastern

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District of California.

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incarcerated at Salinas Valley State Prison in Salinas, County of

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Monterey, which lies within the venue of this judicial district.

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See id. § 84(a).

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See 28 U.S.C. § 84(b).

Petitioner is

Venue in a habeas action is proper in either the district

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of confinement or the district of conviction, see 28 U.S.C. §

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2241(d); however, petitions challenging a conviction preferably are

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heard in the district of conviction.

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(b); Dannenberg v. Ingle, 831 F. Supp. 767, 768 (N.D. Cal. 1993).

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See Habeas L. R. 2254-3(a) &

Because the County of Amador lies within the Eastern

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District of California, pursuant to 28 U.S.C. § 1406(a) and Habeas

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Local Rule 2254-3(b) and in the interest of justice, the Court

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orders this Petition TRANSFERRED to the United States District Court

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for the Eastern District of California.

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The Clerk shall transfer this matter and terminate all
pending motions as moot.

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IT IS SO ORDERED.

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DATED

10/11/2011
THELTON E. HENDERSON
United States District Judge

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G:\PRO-SE\TEH\HC.11\Stamos-11-4302-habeas-transfer-caed.wpd

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