Williams

Filing 6

ORDER REOPENING CASE; ORDER OF TRANSFER. Signed by Judge Richard Seeborg on 6/12/12. (Attachments: # 1 Appendix Certificate of Service)(cl, COURT STAFF) (Filed on 6/12/2012)

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*E-Filed 6/12/12*

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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SAN FRANCISCO DIVISION

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ORDER REOPENING ACTION;

Petitioner,

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No. C 11-4366 RS (PR)

ANTONIO R. WILLIAMS,

v.

ORDER OF TRANSFER

JOHN DOE,
Respondent.
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This federal habeas corpus action was dismissed in 2011 because petitioner failed to

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pay the filing fee or file an application to proceed in forma pauperis. In 2012, petitioner filed

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a new habeas action (12-2479 RS) in which he challenged the same conviction at issue in the

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instant matter. The Court construes the new petition (12-2479) as a motion to reopen the

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instant petition. So construed, the motion is GRANTED, and the instant action is hereby

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REOPENED. Accordingly, the judgment (Docket No. 5) and the order of dismissal (Docket

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No. 4) are hereby VACATED.

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According to the petition, in 2009, a Solano County Superior Court jury convicted

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petitioner of second degree murder. Solano County lies in the venue of the Eastern District

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

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No. C 11-4366 RS (PR)
ORDER REOPENING AND TRANSFERRING ACTION

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district of conviction, 28 U.S.C. § 2241(d); however, a petition challenging a conviction or

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the sentence imposed is preferably heard in the district of conviction. See Habeas L.R.

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2254-3(b). Because petitioner suffered his convictions in the Eastern District, this action is

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TRANSFERRED to the United States District Court for the Eastern District of California

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pursuant to 28 U.S.C. § 1404(a) and Habeas L.R. 2254-3(b), and in the interests of justice.

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The Clerk shall reopen the action and transfer it forthwith.

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IT IS SO ORDERED.
DATED: June 12, 2012
RICHARD SEEBORG
United States District Judge

United States District Court
For the Northern District of California

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No. C 11-4366 RS (PR)

2 ORDER REOPENING AND TRANSFERRING ACTION