Beard v. People of the State of California

Filing 4

ORDER OF TRANSFER (Illston, Susan) (Filed on 12/13/2013)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 8 ROBERT BEARD, Petitioner, 9 United States District Court For the Northern District of California 10 11 12 No. C 13-4651 SI (pr) ORDER OF TRANSFER v. PEOPLE OF THE STATE OF CALIFORNIA, Respondent. / 13 14 Robert Beard, an inmate at Salinas Valley State Prison in Soledad, California, has filed 15 a petition for writ of habeas corpus to challenge his conviction from the Los Angeles County 16 Superior Court, asserting that his appellate attorney provided inadequate representation. Los 17 Angeles County lies within the venue of the Central District of California. The facility Beard 18 is incarcerated at is in Monterey County, within the venue of the Northern District of California. 19 Venue is proper in a habeas action in either the district of confinement or the district of convic- 20 tion, 28 U.S.C. § 2241(d); however, a petition challenging a conviction or the sentence imposed 21 is preferably heard in the district of conviction. See N. D. Cal. Habeas L.R. 2254-3(b). Because 22 the conviction occurred in the Central District of California, pursuant to 28 U.S.C. § 1404(a) and 23 Habeas L.R. 2254-3(b), and in the interests of justice, this action is TRANSFERRED to the 24 United States District Court for the Central District of California. The clerk shall transfer this 25 matter forthwith. 26 IT IS SO ORDERED. 27 DATED: December 13, 2013 28 SUSAN ILLSTON United States District Judge

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