Lopez v. Prisons CEO et al

Filing 5

ORDER of Transfer. Signed by Judge Edward M. Chen on 11/13/2013. (Attachments: # 1 Certificate of Service). (emcsec, COURT STAFF) (Filed on 11/13/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JAVIER LOPEZ,

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Petitioner,
v.

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For the Northern District of California

United States District Court

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No. C-13-4047 EMC (pr)

PRISON’S C.E.O., et al.,

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ORDER OF TRANSFER

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

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San Diego County Superior Court. San Diego County lies within the venue of the Southern District

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of California. Petitioner is confined in Monterey County, within the venue of the Northern District

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of California. Venue is proper in a habeas action in either the district of confinement or the district

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

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imposed is preferably heard in the district of conviction. See N. D. Cal. Habeas L.R. 2254-3(b).

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The preferred venue is the Southern District of California because Petitioner was convicted and the

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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 Southern District of

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California. The Clerk shall transfer this matter forthwith.

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IT IS SO ORDERED.
Dated: November 13, 2013
_________________________
EDWARD M. CHEN
United States District Judge