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)
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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?