Ramirez v. Spearman

Filing 11

Order by Hon. Vince Chhabria granting 10 Motion to Transfer Case to the Eastern District of California.(knm, COURT STAFF) (Filed on 11/14/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ROBERTO SANTIAGO RAMIREZ,

Case No. 14-cv-02110-VC

Petitioner,
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v.

ORDER GRANTING MOTION TO
TRANSFER VENUE

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SPEARMAN,

Re: Dkt. No. 10
Respondent.

United States District Court
Northern District of California

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Petitioner Roberto Santiago Ramirez, a state prisoner incarcerated at the California

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Training Facility in Soledad, filed a pro se petition for a writ of habeas corpus pursuant to 42

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U.S.C. § 2254. On August 15, 2014, the Court issued an order for Respondent to show cause why

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the petition should not be granted. On October 9, 2014, Respondent filed a motion to transfer this

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action to the Eastern District of California. Ramirez has not filed an opposition.

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According to the petition, Ramirez was convicted in the Kern County Superior Court of

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shoplifting items worth $40.00 and was sentenced, under the three strikes law, to twenty-seven

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years to life in prison. He challenges the twenty-seven year sentence as cruel and unusual

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punishment. Kern County Superior Court lies in the Eastern District of California.

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A petition for a writ of habeas corpus filed by a state prisoner in a State that contains two

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or more federal judicial districts may be filed in either the district of confinement or the district of

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conviction. See 28 U.S.C. § 2241(d). The district court where the petition is filed may transfer

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the petition to the other district in the furtherance of justice. See id. Federal courts in California

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traditionally have chosen to hear petitions challenging a conviction or sentence in the district of

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conviction. Dannenberg v. Ingle, 831 F. Supp. 767, 767 (N.D. Cal. 1993); Habeas L.R. 2254-3(a).

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Because Ramirez is challenging the sentence imposed by the Kern County Superior Court,

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venue for his habeas case lies in the Eastern District, not in this district. Accordingly,

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Respondent’s motion to transfer venue is granted. The Court orders that, pursuant to 28 U.S.C. §

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1404(a) and Habeas L.R. 2254-3(b), the Clerk of the Court transfer this petition to the United

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States District Court for the Eastern District of California.

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This Order terminates docket number 10.

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IT IS SO ORDERED.
Dated: November 14, 2014
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VINCE CHHABRIA
United States District Judge

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United States District Court
Northern District of California

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ROBERTO SANTIAGO RAMIREZ,

Case No. 14-cv-02110-VC

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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SPEARMAN,
Defendant.

United States District Court
Northern District of California

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.
That on 11/14/2014, I SERVED a true and correct copy(ies) of the attached, by placing
said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by
depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery
receptacle located in the Clerk's office.

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Roberto Santiago Ramirez ID: K-37446
California Training Facility, North A-120-L
P.O. Box 705
Soledad, CA 93960

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Dated: 11/14/2014

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Richard W. Wieking
Clerk, United States District Court

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By:________________________
Kristen Melen, Deputy Clerk to the
Honorable VINCE CHHABRIA

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