Webb v. Junious
Filing
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ORDER of Transfer. Signed by Judge Edward M. Chen on 1/6/2012. (Attachments: # 1 Certificate of Service). (emcsec, COURT STAFF) (Filed on 1/6/2012)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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TERRENCE WEBB,
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Petitioner,
v.
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For the Northern District of California
United States District Court
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No. C-11-6577 EMC (pr)
MAURICE JUNIOUS, Warden,
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ORDER OF TRANSFER
Respondent.
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Petitioner has filed a petition for writ of habeas corpus to challenge his conviction from the
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Solano County Superior Court. Solano County lies within the venue of the Eastern District of
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California. Petitioner is confined at the North Kern State Prison in Kern County, also within the
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venue of the Eastern District of California. Venue is proper in a habeas action in either the district
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of confinement or the district of conviction, 28 U.S.C. § 2241(d), although a petition challenging a
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conviction or the sentence imposed is preferably heard in the district of conviction. See N. D. Cal.
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Habeas L.R. 2254-3(b). Here, the proper venue is the Eastern District of California because that is
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the district in which petitioner was convicted and is confined. Pursuant to 28 U.S.C. § 1406(a) and
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Habeas L.R. 2254-3(b), and in the interests of justice, this action is TRANSFERRED to the United
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States District Court for the Eastern District of California. The Clerk shall transfer this matter
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forthwith.
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IT IS SO ORDERED.
Dated: January 6, 2012
_________________________
EDWARD M. CHEN
United States District Judge
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