Rasberry v. Soto

Filing 8

ORDER TRANSFERRING CASE.. Signed by Judge James Donato on 9/29/15. (lrcS, COURT STAFF) (Filed on 9/29/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JAMES E. RASBERRY,

Case No. 15-cv-03739-JD

Petitioner,
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v.

ORDER OF TRANSFER

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J. SOTO,
Respondent.

United States District Court
Northern District of California

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This is a habeas case filed pro se by a state prisoner. Petitioner seeks to challenge a

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conviction obtained in the Superior Court of San Bernardino County. San Bernardino County is in

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the venue of the United States District Court for the Central District of California. Petitioner is

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incarcerated at California State Prison-Lancaster, which is also in the Central District.

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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 San Bernardino

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

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

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IT IS SO ORDERED.
Dated: September 29, 2015

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________________________
JAMES DONATO
United States District Judge

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JAMES E. RASBERRY,

Case No. 15-cv-03739-JD

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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J. SOTO,
Defendant.

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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.

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That on September 29, 2015, 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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James E. Rasberry ID: C-61336
C.S.P. - LAC
P.O. Box 4490
Lancaster, CA 93539

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Dated: September 29, 2015

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Susan Y. Soong
Clerk, United States District Court

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