Marks v. Unknown

Filing 18

ORDER TRANSFERRING CASE.. Signed by Judge James Donato on 10/3/14. (lrcS, COURT STAFF) (Filed on 10/3/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DENA MARKS,

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Case No. 14-cv-02691-JD

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Plaintiff,

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ORDER OF TRANSFER
v.

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United States District Court
Northern District of California

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D.K. JOHNSON,

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Defendant.

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This is a habeas case filed pro se by a state prisoner. In the nearly 400 page petition,

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petitioner raises claims regarding the conditions of her confinement and she appears to challenge

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her underlying conviction as she seeks release from prison. Petitioner was convicted in

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Sacramento County and is incarcerated in Madera County, both of which lie in the venue of the

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United States 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); this district is neither. Because petitions challenging a

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conviction are preferably heard in the district of conviction, Habeas L.R. 2254-3(a); Laue v.

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Nelson, 279 F. Supp. 265, 266 (N.D. Cal. 1968), and petitioner was convicted in Sacramento

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County, this case is TRANSFERRED to the United States District Court for the Eastern District

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of California. See 28 U.S.C. § 1406(a); Habeas L.R. 2254-3(b). 1

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If this case were to be construed as a civil rights action, venue would still be proper in the
Eastern District. See 28 U.S.C. § 1391(b).

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IT IS SO ORDERED.
Dated: October 3, 2014
______________________________________
JAMES DONATO
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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DENA MARKS,

Case No. 14-cv-02691-JD

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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D.K. JOHNSON,
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 10/3/2014, 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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Dena Marks ID: CDC #WE5142
CCWF 505-9-2-L
P.O. Box 1508
Chowchilla, CA 93610

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Dated: 10/3/2014

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Richard W. Wieking
Clerk, United States District Court

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By:________________________
LISA R. CLARK, Deputy Clerk to the
Honorable JAMES DONATO

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