Alonso v. Chappell

Filing 3

ORDER of Transfer. Signed by Judge Edward M. Chen on 4/25/2013. (Attachments: # 1 Certificate of Service). (emcsec, COURT STAFF) (Filed on 4/25/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JUAN FUENTES ALONSO,

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Petitioner,

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v.

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For the Northern District of California

United States District Court

No. C-13-1831 EMC (pr)

K. CHAPPELL, Warden,

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ORDER OF TRANSFER

Respondent.
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Petitioner has filed a petition for writ of habeas corpus to challenge his sentence from the

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Los Angeles County Superior Court. Los Angeles County lies within the venue of the Central

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District of California. Petitioner is confined at San Quentin State Prison in Marin County, within the

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venue of the Northern District of California. Venue is proper in a habeas action in either the district

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of confinement or the district of conviction, 28 U.S.C. § 2241(d), although a petition challenging a

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conviction or the sentence imposed is preferably heard in the district of conviction. See N. D. Cal.

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Habeas L.R. 2254-3(b). The petition challenges the sentence imposed, rather than the execution of

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the sentence, as it alleges that Petitioner entered a guilty plea to manslaughter but was sentenced for

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second degree murder, and that his attorney provided ineffective assistance of counsel in allowing

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that to happen. The preferred venue is the Central District of California because Petitioner was

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convicted and the sentence was imposed in that district.

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Pursuant to 28 U.S.C. § 1404(a) and Habeas L.R. 2254-3(b), and in the interests of justice,

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this action is TRANSFERRED to the United States District Court for the Central District of

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California. The Clerk shall transfer this matter forthwith.

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IT IS SO ORDERED.

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Dated: April 25, 2013

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_________________________
EDWARD M. CHEN
United States District Judge

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For the Northern District of California

United States District Court

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