Stolp v. Holland

Filing 6

ORDER TRANSFERRING CASE.. Signed by Judge James Donato on 4/19/16. (lrcS, COURT STAFF) (Filed on 4/19/2016)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 GERALD H. STOLP, Petitioner, 8 9 10 United States District Court Northern District of California 11 Case No. 16-cv-01265-JD ORDER OF TRANSFER v. Re: Dkt. Nos. 2, 3 KIM HOLLAND, Respondent. 12 13 This is a habeas case filed pro se by a state prisoner. Petitioner seeks to challenge a 14 conviction obtained in Calaveras County California. Calaveras County is in the venue of the 15 United States District Court for the Eastern District of California. Petitioner is incarcerated in 16 Tehachapi, CA, which is located in the Central District of California. 17 Venue for a habeas action is proper in either the district of confinement or the district of 18 conviction, 28 U.S.C. § 2241(d); this district is neither. Because petitions challenging a 19 conviction are preferably heard in the district of conviction, Habeas L.R. 2254-3(a); Laue v. 20 Nelson, 279 F. Supp. 265, 266 (N.D. Cal. 1968), and petitioner was convicted in Calaveras 21 County, this case is TRANSFERRED to the United States District Court for the Eastern District 22 of California. See 28 U.S.C. § 1406(a); Habeas L.R. 2254-3(b). 23 24 IT IS SO ORDERED. Dated: April 19, 2016 25 26 27 28 JAMES DONATO United States District Judge 1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 GERALD H. STOLP, Case No. 16-cv-01265-JD Plaintiff, 5 v. CERTIFICATE OF SERVICE 6 7 KIM HOLLAND, Defendant. 8 9 10 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 11 12 13 14 15 That on April 19, 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. 16 17 18 Gerald H. Stolp ID: ID: AK4738 California Correctional Institution P.O. Box 1902 Tehachapi, CA 93581 19 20 21 Dated: April 19, 2016 22 23 Susan Y. Soong Clerk, United States District Court 24 25 26 27 By:________________________ LISA R. CLARK, Deputy Clerk to the Honorable JAMES DONATO 28 2

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