Malanche v. Frauenheim

Filing 3

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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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 JOSE CASILLAS MALANCHE, Plaintiff, 8 9 10 United States District Court Northern District of California 11 Case No. 16-cv-01327-JSC ORDER OF TRANSFER v. S. FRAUENHEIM, Defendant. (Dkt. No. 2) 12 13 In this habeas case, Petitioner seeks to challenge a conviction and sentence incurred in the 14 Superior Court of Fresno County. Petitioner is incarcerated at Pleasant Valley State Prison, which 15 is also in Fresno County. Fresno County is in the venue of the United States District Court for the 16 Eastern District of California. See 28 U.S.C. § 84. 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); however, petitions challenging a conviction are preferably heard 19 in the district of conviction. Habeas L.R. 2254-3(a); Laue v. Nelson, 279 F. Supp. 265, 266 (N.D. 20 Cal. 1968). Because petitioner was convicted in Fresno County, this case is TRANSFERRED to 21 the United States District Court for the Eastern District of California. See 28 U.S.C. § 1406(a); 22 Habeas L.R. 2254-3(b). The Court defers to the Eastern District for ruling on the motion for leave 23 to proceed in forma pauperis (ECF No. 2). 24 The Clerk shall transfer this matter forthwith. 25 IT IS SO ORDERED. 26 Dated: May 3, 2016 27 28 JACQUELINE SCOTT CORLEY United States Magistrate Judge 1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 JOSE CASILLAS MALANCHE, Case No. 16-cv-01327-JSC Plaintiff, 8 v. CERTIFICATE OF SERVICE 9 10 S. FRAUENHEIM, Defendant. United States District Court Northern District of California 11 12 13 14 15 16 17 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. 18 19 20 Jose Casillas Malanche ID: Prisoner Id AE-7513 Pleasant Valley State Prison P.O. Box 8500 Coalinga, CA 93210 21 22 Dated: May 3, 2016 23 24 25 Susan Y. Soong Clerk, United States District Court 26 27 28 By:________________________ Ada Means, Deputy Clerk to the Honorable JACQUELINE SCOTT CORLEY 2

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