Payne v. King

Filing 8

ORDER OF TRANSFER. Signed by Judge Jon S. Tigar on April 15, 2014. (Attachments: # 1 Certificate/Proof of Service)(wsn, COURT STAFF) (Filed on 4/15/2014)

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1 2 UNITED STATES DISTRICT COURT 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 JAMES PAYNE, Case No. 14-cv-01078-JST (PR) Petitioner, 6 v. ORDER OF TRANSFER 7 8 AUDREY KING, Respondent. 9 10 United States District Court Northern District of California 11 On March 7, 2014, petitioner, a civil detainee confined at Coalinga State Hospital and 12 awaiting civil commitment proceedings, filed the above-titled pro se petition for writ of habeas 13 corpus pursuant to 28 U.S.C. § 2254. Petitioner is being held pursuant to an order of the Tulare 14 County Superior Court. 15 Tulare County lies within the venue of the Eastern District of California. Coalinga State 16 Hospital, where petitioner is confined, is also within the venue of the Eastern District of 17 California. Venue is proper in a habeas action in either the district of confinement or the district 18 of conviction, 28 U.S.C. § 2241(d), although a petition challenging a conviction or the sentence 19 imposed is preferably heard in the district of conviction. See N. D. Cal. Habeas L.R. 2254-3(b). 20 Here, the proper venue is the Eastern District of California because petitioner was committed and 21 is confined in that district. Pursuant to 28 U.S.C. § 1406(a) and Habeas L.R. 2254-3(b), and in the 22 interests of justice, this action is TRANSFERRED to the United States District Court for the 23 Eastern District of California. The Clerk shall transfer this matter forthwith. 24 25 26 27 28 IT IS SO ORDERED. Dated: April 15, 2014 ______________________________________ JON S. TIGAR United States District Judge

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