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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JAMES PAYNE,

Case No. 14-cv-01078-JST (PR)

Petitioner,
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v.

ORDER OF TRANSFER

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AUDREY KING,
Respondent.

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United States District Court
Northern District of California

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On March 7, 2014, petitioner, a civil detainee confined at Coalinga State Hospital and

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awaiting civil commitment proceedings, filed the above-titled pro se petition for writ of habeas

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corpus pursuant to 28 U.S.C. § 2254. Petitioner is being held pursuant to an order of the Tulare

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County Superior Court.

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Tulare County lies within the venue of the Eastern District of California. Coalinga State

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Hospital, where petitioner is confined, is also within the venue of the Eastern District of

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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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Here, the proper venue is the Eastern District of California because petitioner was committed and

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is confined in that district. Pursuant to 28 U.S.C. § 1406(a) and Habeas L.R. 2254-3(b), and in the

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interests of justice, this action is TRANSFERRED to the United States District Court for the

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Eastern District of California. The Clerk shall transfer this matter forthwith.

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IT IS SO ORDERED.
Dated: April 15, 2014
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JON S. TIGAR
United States District Judge