Malanche v. Frauenheim
Filing
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ORDER OF TRANSFER. Signed by Magistrate Judge Jacqueline Scott Corley on 5/3/2016. (ahm, COURT STAFF) (Filed on 5/3/2016)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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JOSE CASILLAS MALANCHE,
Plaintiff,
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United States District Court
Northern District of California
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Case No. 16-cv-01327-JSC
ORDER OF TRANSFER
v.
S. FRAUENHEIM,
Defendant.
(Dkt. No. 2)
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In this habeas case, Petitioner seeks to challenge a conviction and sentence incurred in the
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Superior Court of Fresno County. Petitioner is incarcerated at Pleasant Valley State Prison, which
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is also in Fresno County. Fresno County is in the venue of the United States District Court for the
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Eastern District of California. See 28 U.S.C. § 84.
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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); however, petitions challenging a conviction are preferably heard
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in the district of conviction. Habeas L.R. 2254-3(a); Laue v. Nelson, 279 F. Supp. 265, 266 (N.D.
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Cal. 1968). Because petitioner was convicted in Fresno County, this case is TRANSFERRED to
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the United States District Court for the Eastern District of California. See 28 U.S.C. § 1406(a);
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Habeas L.R. 2254-3(b). The Court defers to the Eastern District for ruling on the motion for leave
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to proceed in forma pauperis (ECF No. 2).
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The Clerk shall transfer this matter forthwith.
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IT IS SO ORDERED.
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Dated: May 3, 2016
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JACQUELINE SCOTT CORLEY
United States Magistrate Judge
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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JOSE CASILLAS MALANCHE,
Case No. 16-cv-01327-JSC
Plaintiff,
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v.
CERTIFICATE OF SERVICE
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S. FRAUENHEIM,
Defendant.
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.
That on May 3, 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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Jose Casillas Malanche ID: Prisoner Id AE-7513
Pleasant Valley State Prison
P.O. Box 8500
Coalinga, CA 93210
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Dated: May 3, 2016
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Susan Y. Soong
Clerk, United States District Court
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By:________________________
Ada Means, Deputy Clerk to the
Honorable JACQUELINE SCOTT CORLEY
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