Spencer v. Cano

Filing 4

ORDER OF TRANSFER. Case is transferred to the Central District of California, Western Division. Signed by Magistrate Judge Sallie Kim on 3/30/2016. (Attachments: # 1 Certificate/Proof of Service)(mklS, COURT STAFF) (Filed on 3/30/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JAMAL LEE SPENCER,
Petitioner,

Case No. 16-cv-01449-SK (PR)

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v.

ORDER OF TRANSFER

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DEBBIE ASUNCION, Acting Warden,
Respondent.

(Dkt. #2)

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United States District Court
Northern District of California

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Petitioner seeks federal habeas review of a conviction from Los Angeles County

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Superior Court, which lies within the venue of the Central District of California, Western

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Division. See 28 U.S.C. § 84(c)(2). Petitioner is incarcerated at California State Prison,

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Los Angeles County, which also lies within the venue of the Central District of California,

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Western Division. See id.

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

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of conviction, see 28 U.S.C. § 2241(d); however, petitions challenging a conviction

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preferably are heard in the district of conviction. See Habeas L.R. 2254-3(a); Dannenberg

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v. Ingle, 831 F. Supp. 767, 767 (N.D. Cal. 1993).

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Because the County of Los Angeles lies in the Central District of California,

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Western Division, the court ORDERS that pursuant to 28 U.S.C. § 1404(a) and Habeas

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Local Rule 2254-3(b), and in the interest of justice, this petition be TRANSFERRED to the

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United States District Court for the Central District of California, Western Division.

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The clerk shall transfer this matter and terminate all pending motions as moot.

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IT IS SO ORDERED.

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Dated: March 30, 2016

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SALLIE KIM
United States Magistrate Judge