Strand v. McDonald
Filing
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AMENDED ORDER OF TRANSFER re 5 Order Transferring Case. Signed by Judge William Alsup on 5/4/12. (Attachments: # 1 Certificate/Proof of Service)(dt, COURT STAFF) (Filed on 5/7/2012)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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RICHARD LEE STRAND,
Petitioner,
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For the Northern District of California
United States District Court
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No. C 12-1673 WHA (PR)
AMENDED ORDER OF TRANSFER
v.
MIKE MCDONALD, Warden,
(Docket Nos. 2 & 4)
Respondent.
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/
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In this habeas case petitioner seeks to challenge a conviction and sentence incurred in
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the Superior Court of Solano County. Solano County is in the venue of the United States
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District Court for the Eastern District of California. 28 U.S.C. 84(c).
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Venue for a habeas action is proper in either the district of confinement or the district of
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conviction, 28 U.S.C. 2241(d); however, petitions challenging a conviction are preferably heard
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in the district of conviction. Habeas L.R. 2254-3(a); Laue v. Nelson, 279 F. Supp. 265, 266
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(N.D. Cal. 1968). Because petitioner was convicted in Eastern District, this case is
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TRANSFERRED to the United States District Court for the Eastern District of California. See 28
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U.S.C. ยง 1406(a); Habeas L.R. 2254-3(b). Ruling on the request to proceed in forma pauperis
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will be deferred to the Eastern District.
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The transfer order dated May 1, 2012, is VACATED.
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The clerk shall transfer this matter forthwith.
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IT IS SO ORDERED.
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Dated: May
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, 2012.
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G:\PRO-SE\WHA\HC.12\STRAND1673.TRN.wpd
WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE
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