Ventura v. People of the State of California and Warden

Filing 4

ORDER TRANSFERRING CASE to the Central District of California, Southern Division. Signed by Judge Charles R. Breyer on 6/7/2012. (Attachments: # 1 Certificate/Proof of Service)(beS, COURT STAFF) (Filed on 6/14/2012)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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JOSE ALFREDO VENTURA, C60843, )
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Petitioner,
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vs.
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ANTHONY HEDGPETH, Warden,
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Respondent.
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No. C 12-2864 CRB (PR)
ORDER OF TRANSFER

Petitioner seeks federal habeas review of a conviction from Orange County

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Superior Court, which lies within the venue of the Central District of California,

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Southern Division. See 28 U.S.C. § 84(c)(3). Petitioner is incarcerated at Salinas

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Valley State Prison in Monterey County, which lies within the venue of the Northern

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District of California. See id. § 84(a).

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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 Orange County lies in the Central District of California, Southern

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Division, the court ORDERS that pursuant to 28 U.S.C. § 1404(a) and Habeas Local

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Rule 2254-3(b), and in the interest of justice, this petition be TRANSFERRED to the

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United States District Court for the Central District of California, Southern Division.

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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: June 7, 2012

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CHARLES R. BREYER
United States District Judge
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