Johnson v. People of the State of California

Filing 3

ORDER TRANSFERRING CASE to the Eastern District of California. Signed by Judge Charles R. Breyer on 2/1/2013. (Attachments: # 1 Certificate/Proof of Service)(beS, COURT STAFF) (Filed on 2/4/2013)

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1 2 3 IN THE UNITED STATES DISTRICT COURT 4 FOR THE NORTHERN DISTRICT OF CALIFORNIA 5 6 MICHAEL O. JOHNSON, AK8542, 7 Petitioner, 8 vs. 9 M. SPEARMAN, Warden, 10 Respondent. 11 12 ) ) ) ) ) ) ) ) ) ) No. C 13-0435 CRB (PR) ORDER OF TRANSFER Petitioner seeks federal habeas review of a conviction from San Joaquin County 13 Superior Court, which lies within the venue of the Eastern District of California. See 28 14 U.S.C. § 84(b). Petitioner is incarcerated at the Correctional Training Facility in 15 Monterey County, which lies within the venue of this district. See id. § 84(a). 16 Venue is proper in a habeas action in either the district of confinement or the 17 district of conviction, see id. § 2241(d); however, petitions challenging a conviction 18 preferably are heard in the district of conviction. See Habeas L.R. 2254-3(a); 19 Dannenberg v. Ingle, 831 F. Supp. 767, 767 (N.D. Cal. 1993). 20 Because San Joaquin County lies in the Eastern District of California, the court 21 ORDERS that pursuant to 28 U.S.C. § 1404(a) and Habeas Local Rule 2254-3(b), and in 22 the interest of justice, this petition be TRANSFERRED to the United States District 23 Court for the Eastern District of California. 24 The clerk shall transfer this matter and terminate all pending motions as moot. 25 SO ORDERED. 26 DATED: Feb. 1, 2013 27 28 CHARLES R. BREYER United States District Judge G:\PRO-SE\CRB\HC.13\Johnson, M.13-0435.transfer.wpd

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