Beard v. Macomber

Filing 4

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

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 In Re. No. C 14-3225 SI (pr) 8 ROBERT BEARD, ORDER OF TRANSFER 9 Petitioner. / United States District Court For the Northern District of California 10 11 Robert Beard, an inmate at California State Prison - Sacramento, has filed a petition for 12 writ of habeas corpus to challenge his conviction from the Los Angeles County Superior Court. 13 (Although he does not plead where the conviction occurred, he does allege that the sentence was 14 imposed on him on June 7, 2006. That is the date of the conviction challenged in a petition he 15 filed last year in which he identified the conviction as having occurred in the Los Angeles 16 County Superior Court. See Docket # 1 at 2 in Beard v. Cate, No. 13-2808 SI.). Los Angeles 17 County lies within the venue of the Central District of California. The facility Beard is 18 incarcerated at is in Sacramento County, within the venue of the Eastern District of California. 19 Venue is proper in a habeas action in either the district of confinement or the district of convic- 20 tion, 28 U.S.C. § 2241(d); however, a petition challenging a conviction or the sentence imposed 21 is preferably heard in the district of conviction. See N. D. Cal. Habeas L.R. 2254-3(b). Because 22 the conviction occurred in the Central District of California, pursuant to 28 U.S.C. § 1404(a) and 23 Habeas L.R. 2254-3(b), and in the interests of justice, this action is TRANSFERRED to the 24 United States District Court for the Central District of California. The clerk shall transfer this 25 matter forthwith. 26 27 28 IT IS SO ORDERED. DATED: July 21, 2014 SUSAN ILLSTON United States District Judge

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