Nichols v. Pleasant Valley State Prison Warden

Filing 4

ORDER TRANSFERRING CASE to Eastern District of California.. Signed by Judge William H. Alsup on 9/24/13. (Attachments: # 1 Certificate of Service)(tlS, COURT STAFF) (Filed on 9/25/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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TOMMY J. NICHOLS,
Petitioner,

For the Northern District of California

United States District Court

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No. C 13-4234 WHA (PR)
ORDER OF TRANSFER

v.
WARDEN,

(Dkt. 2)
Respondent.
/

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In this habeas case petitioner seeks to challenge a conviction and sentence incurred in

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the Superior Court of Stanislaus County. Stanislaus County is in the venue of the United States

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District Court for the Eastern District of California.

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

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conviction, 28 U.S.C. 2241(d); however, petitions challenging a conviction are preferably heard

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in the district of conviction. Habeas L.R. 2254-3(a); Laue v. Nelson, 279 F. Supp. 265, 266

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(N.D. Cal. 1968). Because petitioner was convicted in Eastern District, this case is

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TRANSFERRED to the United States District Court for the Eastern District of California. See 28

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U.S.C. § 1406(a); Habeas L.R. 2254-3(b). Ruling on the request to proceed in forma pauperis

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will be deferred to the Eastern District.

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The clerk shall transfer this matter forthwith.

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IT IS SO ORDERED.

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Dated: September

24 , 2013.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE