Webb v. Junious

Filing 4

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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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 TERRENCE WEBB, 9 Petitioner, v. 11 For the Northern District of California United States District Court 10 No. C-11-6577 EMC (pr) MAURICE JUNIOUS, Warden, 12 ORDER OF TRANSFER Respondent. ___________________________________/ 13 14 Petitioner has filed a petition for writ of habeas corpus to challenge his conviction from the 15 Solano County Superior Court. Solano County lies within the venue of the Eastern District of 16 California. Petitioner is confined at the North Kern State Prison in Kern County, also within the 17 venue of the Eastern District of California. Venue is proper in a habeas action in either the district 18 of confinement or the district of conviction, 28 U.S.C. § 2241(d), although a petition challenging a 19 conviction or the sentence imposed is preferably heard in the district of conviction. See N. D. Cal. 20 Habeas L.R. 2254-3(b). Here, the proper venue is the Eastern District of California because that is 21 the district in which petitioner was convicted and is confined. Pursuant to 28 U.S.C. § 1406(a) and 22 Habeas L.R. 2254-3(b), and in the interests of justice, this action is TRANSFERRED to the United 23 States District Court for the Eastern District of California. The Clerk shall transfer this matter 24 forthwith. 25 26 27 28 IT IS SO ORDERED. Dated: January 6, 2012 _________________________ EDWARD M. CHEN United States District Judge

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