Weaver v. State of California

Filing 5

ORDER TRANSFERRING CASE to the U.S. District Court for the Eastern District of California. Signed by Judge William Alsup on 5/1/13. (Attachments: # 1 Certificate of Service)(tlS, COURT STAFF) (Filed on 5/1/2013)

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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 ARLEF DAI WEAVER, No. C 13-1054 WHA (PR) 9 Petitioner, ORDER OF TRANSFER 11 For the Northern District of California United States District Court 10 12 v. STATE OF CALIFORNIA, Warden, (Dkt. 4) Respondent. / 13 14 In this habeas case petitioner seeks to challenge a conviction and sentence incurred in 15 the Superior Court of Siskiyou County. Siskiyou County is in the venue of the United States 16 District Court for the Eastern District of California. 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 Eastern District, this case is 21 TRANSFERRED to the United States District Court for the Eastern 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 Eastern District. 24 The clerk shall transfer this matter forthwith. 25 IT IS SO ORDERED. 26 Dated: May 1, 2013. 27 28 G:\PRO-SE\WHA\HC.13\WEAVER1054.TRN.wpd WILLIAM ALSUP UNITED STATES DISTRICT JUDGE

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