Moffitt v. Salinas Valley State Prison

Filing 8

ORDER OF TRANSFER. Signed by Magistrate Judge Laurel Beeler on 4/19/2016. (lsS, COURT STAFF) (Filed on 4/19/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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San Francisco Division

United States District Court
Northern District of California

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BRIAN MOFFITT,

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Case No. 16-cv-01328-LB

Petitioner,
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v.

ORDER OF TRANSFER

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SALINAS VALLEY STATE PRISON,

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[Re: ECF No. 1 ]

Respondent.
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Brian Moffitt, an inmate at Salinas Valley State Prison, filed this pro se action for a writ of

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habeas corpus pursuant to 28 U.S.C. § 2254. He states that he is challenging a sentence from the

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Amador County Superior Court, and alleges that his continued incarceration is past the end of his

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3-year maximum incarceration under California Penal Code § 1370. (ECF No. 1 at 5.)1 He

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consented to proceed before a magistrate judge. (ECF No. 7.) Mr. Moffitt is incarcerated in

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Monterey County, which is located within the venue of the Northern District of California, and his

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conviction occurred in Amador County, which is located within the venue of the Eastern District

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of California. Venue is proper in a habeas action in either the district of confinement or the district

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of conviction, with the preferable district being the district of conviction for a petition challenging

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Citations are to the Electronic Case File (“ECF”); pin cites are to the ECF-generated page
numbers at the tops of documents.

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a conviction or sentence imposed. See 28 U.S.C. § 2241(d); N. D. Cal. Habeas L.R. 2254-3(b).

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Because the conviction occurred in the Eastern District of California, pursuant to 28 U.S.C. §

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1404(a) and Habeas Local Rule 2254-3(b), and in the interest of justice, this action is

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TRANSFERRED to the United States District Court for the Eastern District of California.

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IT IS SO ORDERED.
Dated: April 19, 2016
______________________________________
LAUREL BEELER
United States Magistrate 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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BRIAN MOFFITT,

Case No. 3:16-cv-01328-LB

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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SALINAS VALLEY STATE PRISON,
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.

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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.

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Brian Moffitt ID: AM0514
SVSP TC1A9
PO Box 1050
Salinas, CA 93960

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Dated: April 19, 2016

Susan Y. Soong
Clerk, United States District Court
By:________________________
Lashanda Scott, Deputy Clerk to the
Honorable LAUREL BEELER

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