Wright v. Warden

Filing 11

ORDER TRANSFERRING CASE.. Signed by Judge James Donato on 1/8/16. (lrcS, COURT STAFF) (Filed on 1/8/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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KEITH JEROME WRIGHT,
Petitioner,

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United States District Court
Northern District of California

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Case No. 15-cv-05452-JD

ORDER OF TRANSFER

v.
WARDEN,
Respondent.

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This case was opened when petitioner wrote a letter to the court regarding his conviction

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and requested counsel. In an effort to protect his rights, it was filed as a new habeas case.

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Petitioner has also filed a letter seeking to withdraw this civil rights case so he can file a habeas

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petition. Because this has been filed as a habeas petition, petitioner need not withdraw the case.

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However, petitioner was convicted in Sacramento, People v. Wright, 2015 WL 4931489 (Cal. Ct.

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App. Aug. 18, 2015) and is incarcerated at High Desert State Prison. Both of these lie in the

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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 and is being held in

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

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

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should file the habeas petition in the Eastern District once the case has been transferred.

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IT IS SO ORDERED.
Dated: January 8, 2016

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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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KEITH JEROME WRIGHT,

Case No. 15-cv-05452-JD

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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WARDEN,
Defendant.

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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.

United States District Court
Northern District of California

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That on January 8, 2016, 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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Keith Jerome Wright ID: AN1771
High Desert State Prison
P.O. Box 3030
Susanville, CA 96127

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Dated: January 8, 2016

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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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