Valdovinos v. Lizarraga

Filing 4

ORDER TOF TRANSFER. Signed by Magistrate Judge Laurel Beeler on 10/16/2014. (Attachments: # 1 Certificate/Proof of Service)(lsS, COURT STAFF) (Filed on 10/16/2014)

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UNITED STATES DISTRICT COURT

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Northern District of California

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San Francisco Division

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JOSE LUIS VALDOVINOS,

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Petitioner,

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ORDER OF TRANSFER

v.

[Re: ECF No. 1]

J. LIZARRAGA, Warden,

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For the Northern District of California

UNITED STATES DISTRICT COURT

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No. C 14-4506 LB

Respondent.
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Petitioner, an inmate at Mule Creek State Prison in Amador County, California, filed this pro se
action for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 to challenge his conviction from the
Sacramento County Superior Court. The county in which he is confined and the county in which he
was convicted are both located within the venue of the Eastern District of California. Venue is
proper in a habeas action in either the district of confinement or the district of conviction, 28 U.S.C.
§ 2241(d), although a petition challenging a conviction or the sentence imposed is preferably heard
in the district of conviction. See N. D. Cal. Habeas L.R. 2254-3(b). Because petitioner was
convicted in the Eastern District of California, pursuant to 28 U.S.C. § 1406(a) and Habeas L.R.
2254-3(b), and in the interest of justice, this action is TRANSFERRED to the United States District
Court for the Eastern District of California. The clerk shall transfer this matter forthwith.
IT IS SO ORDERED.
Dated: October 16, 2014

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_______________________________
LAUREL BEELER
United States Magistrate Judge

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C 14-4506 LB
ORDER