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)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
NORTHERN DISTRICT OF CALIFORNIA
10
San Francisco Division
United States District Court
Northern District of California
11
BRIAN MOFFITT,
12
Case No. 16-cv-01328-LB
Petitioner,
13
v.
ORDER OF TRANSFER
14
SALINAS VALLEY STATE PRISON,
15
[Re: ECF No. 1 ]
Respondent.
16
17
Brian Moffitt, an inmate at Salinas Valley State Prison, filed this pro se action for a writ of
18
19
habeas corpus pursuant to 28 U.S.C. § 2254. He states that he is challenging a sentence from the
20
Amador County Superior Court, and alleges that his continued incarceration is past the end of his
21
3-year maximum incarceration under California Penal Code § 1370. (ECF No. 1 at 5.)1 He
22
consented to proceed before a magistrate judge. (ECF No. 7.) Mr. Moffitt is incarcerated in
23
Monterey County, which is located within the venue of the Northern District of California, and his
24
conviction occurred in Amador County, which is located within the venue of the Eastern District
25
of California. Venue is proper in a habeas action in either the district of confinement or the district
26
of conviction, with the preferable district being the district of conviction for a petition challenging
27
1
28
Citations are to the Electronic Case File (“ECF”); pin cites are to the ECF-generated page
numbers at the tops of documents.
1
a conviction or sentence imposed. See 28 U.S.C. § 2241(d); N. D. Cal. Habeas L.R. 2254-3(b).
2
Because the conviction occurred in the Eastern District of California, pursuant to 28 U.S.C. §
3
1404(a) and Habeas Local Rule 2254-3(b), and in the interest of justice, this action is
4
TRANSFERRED to the United States District Court for the Eastern District of California.
5
6
7
8
IT IS SO ORDERED.
Dated: April 19, 2016
______________________________________
LAUREL BEELER
United States Magistrate Judge
9
10
United States District Court
Northern District of California
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
1
2
3
4
UNITED STATES DISTRICT COURT
5
NORTHERN DISTRICT OF CALIFORNIA
6
7
BRIAN MOFFITT,
Case No. 3:16-cv-01328-LB
Plaintiff,
8
v.
CERTIFICATE OF SERVICE
9
10
SALINAS VALLEY STATE PRISON,
Defendant.
United States District Court
Northern District of California
11
12
13
I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.
14
15
16
17
18
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.
19
20
21
Brian Moffitt ID: AM0514
SVSP TC1A9
PO Box 1050
Salinas, CA 93960
22
23
24
25
26
Dated: April 19, 2016
Susan Y. Soong
Clerk, United States District Court
By:________________________
Lashanda Scott, Deputy Clerk to the
Honorable LAUREL BEELER
27
28
3
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?