Raya v. Grounds

Filing 6

ORDER TRANSFERRING CASE to Eastern District of California; Signed by Jeffrey S White on 9/27/2011. (Attachments: # 1 CertServ)(awb, COURT STAFF) (Filed on 9/27/2011) (Additional attachment(s) added on 9/28/2011: # 2 transmittal) (hdj, COURT STAFF).

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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.
RONALD GROUNDS, et al.,
Respondent.

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No. C 11-4529 JSW (PR)
ORDER OF TRANSFER
(Docket No. 5)

Petitioner is a state prisoner currently incarcerated at Salinas Valley State Prison
in Soledad. 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 County. 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). The
district of conviction is the preferred forum, however. 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
California. See 28 U.S.C. § 1406(a). Ruling on Petitioner’s application to proceed in
forma pauperis is deferred to the Eastern District. The Clerk of the Court shall transfer
this matter forthwith and terminate docket number 5 from this Court’s docket.
IT IS SO ORDERED.
DATED: September 27, 2011
JEFFREY S. WHITE
United States District Judge