Beard v. Macomber

Filing 4

ORDER OF TRANSFER (Illston, Susan) (Filed on 7/21/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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In Re.

No. C 14-3225 SI (pr)

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ROBERT BEARD,

ORDER OF TRANSFER

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Petitioner.
/

United States District Court
For the Northern District of California

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Robert Beard, an inmate at California State Prison - Sacramento, has filed a petition for

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writ of habeas corpus to challenge his conviction from the Los Angeles County Superior Court.

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(Although he does not plead where the conviction occurred, he does allege that the sentence was

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imposed on him on June 7, 2006. That is the date of the conviction challenged in a petition he

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filed last year in which he identified the conviction as having occurred in the Los Angeles

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County Superior Court. See Docket # 1 at 2 in Beard v. Cate, No. 13-2808 SI.). Los Angeles

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County lies within the venue of the Central District of California. The facility Beard is

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incarcerated at is in Sacramento County, within the venue of the Eastern District of California.

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Venue is proper in a habeas action in either the district of confinement or the district of convic-

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tion, 28 U.S.C. § 2241(d); however, a petition challenging a conviction or the sentence imposed

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is preferably heard in the district of conviction. See N. D. Cal. Habeas L.R. 2254-3(b). Because

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the conviction occurred in the Central District of California, pursuant to 28 U.S.C. § 1404(a) and

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Habeas L.R. 2254-3(b), and in the interests of justice, this action is TRANSFERRED to the

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United States District Court for the Central District of California. The clerk shall transfer this

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matter forthwith.

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IT IS SO ORDERED.
DATED: July 21, 2014
SUSAN ILLSTON
United States District Judge