Johnson v. Miller

Filing 4

ORDER TRANSFERRING CASE to the Eastern District of California. Signed by Judge Charles R. Breyer on 2/13/2012. (Attachments: # 1 Certificate of Service)(beS, COURT STAFF) (Filed on 2/13/2012)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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LYDIA L. JOHNSON, WA9091,

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Petitioner,
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vs.
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WALTER MILLER, Warden,
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Respondent.
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No. C 12-0618 CRB (PR)
ORDER OF TRANSFER

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Petitioner seeks federal habeas review of a conviction from Butte County

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Superior Court, which lies within the venue of the Eastern District of California. See 28

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U.S.C. § 84(b). Petitioner is incarcerated at Valley State Prison for Women in

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Chowchilla, County of Madera, which also lies within the venue of the Eastern District

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of California. See id.

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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 Butte lies in the Eastern District of California, the court

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ORDERS that pursuant to 28 U.S.C. § 1404(a) and Habeas Local Rule 2254-3(b), and in

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the interest of justice, this petition be TRANSFERRED to the United States District

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Court for the Eastern District of California.

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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:

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Feb. 13, 2012
CHARLES R. BREYER
United States District Judge

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