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)

Download PDF
1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 JUAN FUENTES ALONSO, 9 Petitioner, 10 v. 11 For the Northern District of California United States District Court No. C-13-1831 EMC (pr) K. CHAPPELL, Warden, 12 ORDER OF TRANSFER Respondent. ___________________________________/ 13 14 Petitioner has filed a petition for writ of habeas corpus to challenge his sentence from the 15 Los Angeles County Superior Court. Los Angeles County lies within the venue of the Central 16 District of California. Petitioner is confined at San Quentin State Prison in Marin County, within the 17 venue of the Northern District of California. Venue is proper in a habeas action in either the district 18 of confinement or the district of conviction, 28 U.S.C. § 2241(d), although a petition challenging a 19 conviction or the sentence imposed is preferably heard in the district of conviction. See N. D. Cal. 20 Habeas L.R. 2254-3(b). The petition challenges the sentence imposed, rather than the execution of 21 the sentence, as it alleges that Petitioner entered a guilty plea to manslaughter but was sentenced for 22 second degree murder, and that his attorney provided ineffective assistance of counsel in allowing 23 that to happen. The preferred venue is the Central District of California because Petitioner was 24 convicted and the sentence was imposed in that district. 25 /// 26 /// 27 /// 28 /// 1 Pursuant to 28 U.S.C. § 1404(a) and Habeas L.R. 2254-3(b), and in the interests of justice, 2 this action is TRANSFERRED to the United States District Court for the Central District of 3 California. The Clerk shall transfer this matter forthwith. 4 5 IT IS SO ORDERED. 6 7 Dated: April 25, 2013 8 _________________________ EDWARD M. CHEN United States District Judge 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?