Hodo v. Allison

Filing 4

ORDER TRANSFERRING CASE to the Central District of California. Signed by Judge Charles R. Breyer on 9/9/2011. (Attachments: # 1 Certificate of Service)(beS, COURT STAFF) (Filed on 9/13/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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JAMES LEE HODO, C-69973,

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Petitioner,
vs.
K. ALLISON, Acting Warden,
Respondent.

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No. C 11-4431 CRB (PR)
ORDER OF TRANSFER

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Petitioner seeks federal habeas review of a conviction from Los Angeles County

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Superior Court, which lies in the Central District of California, Western Division. See

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28 U.S.C. § 84(c)(2). Petitioner is incarcerated at the California Substance Abuse

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Treatment Facility and State Prison in Corcoran, County of Kings, which lies in the

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Eastern District of California. See id. § 84(b).

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

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district of conviction, see id. § 2241(d); however, petitions challenging a conviction

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preferably are heard in the district of conviction. See Habeas L.R. 2254-3(a);

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

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Because the County of Los Angeles lies in the Central District of California,

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Western Division, the court orders that pursuant to 28 U.S.C. § 1404(a) and Habeas

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Local Rule 2254-3(b), and in the interest of justice, this petition be transferred to the

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United States District Court for the Central District of California, Western Division.

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

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SO ORDERED.

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DATED: Sept. 9, 2011
CHARLES R. BREYER
United States District Judge

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G:\PRO-SE\CRB\HC.11\Hodo, J2.transfer.wpd

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