Strand v. McDonald

Filing 5

ORDER TRANSFERRING CASE. Signed by Judge William Alsup on 4/27/12. (Attachments: # 1 Certificate/Proof of Service)(dt, COURT STAFF) (Filed on 5/1/2012)

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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 RICHARD LEE STRAND, No. C 12-1673 WHA (PR) 9 Petitioner, ORDER OF TRANSFER 10 (Docket No. 2) MIKE MCDONALD, Warden, For the Northern District of California United States District Court v. 11 12 Respondent. / 13 14 In this habeas case petitioner seeks to challenge a conviction and sentence incurred in 15 the Superior Court of Solano County. Solano County is in the venue of the United States 16 District Court for the Eastern District of California. 28 U.S.C. 84(c). 17 Venue for a habeas action is proper in either the district of confinement or the district of 18 conviction, 28 U.S.C. 2241(d); however, petitions challenging a conviction are preferably heard 19 in the district of conviction. Habeas L.R. 2254-3(a); Laue v. Nelson, 279 F. Supp. 265, 266 20 (N.D. Cal. 1968). Because petitioner was convicted in Central District, this case is 21 TRANSFERRED to the United States District Court for the Central District of California. See 28 22 U.S.C. ยง 1406(a); Habeas L.R. 2254-3(b). Ruling on the request to proceed in forma pauperis 23 will be deferred to the Central District. 24 The clerk shall transfer this matter forthwith. 25 IT IS SO ORDERED. 26 27 Dated: April 27 , 2012. 28 G:\PRO-SE\WHA\HC.12\STRAND1673.TRN.wpd WILLIAM ALSUP UNITED STATES DISTRICT JUDGE

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