Washington v. Figueroa

Filing 5

ORDER OF TRANSFER. Signed by Magistrate Judge Laurel Beeler on 8/10/2016. (lsS, COURT STAFF) (Filed on 8/10/2016)

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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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JAMES C. WASHINGTON,

Case No. 16-cv-03975-LB

Petitioner,
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v.

ORDER OF TRANSFER

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FRED FIGUEROA,

[Re: ECF No. 1 ]

Respondent.
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The petitioner has filed a petition for writ of habeas corpus to challenge his conviction and

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sentence from the Sacramento County Superior Court. Sacramento County lies within the venue of

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the Eastern District of California. The petitioner is confined at the Tallahatchie County

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Correctional Facility in Tutwiler, Mississippi. That facility is in Tallahatchie County and lies

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within the venue of the Northern District of Mississippi. Venue is proper in a habeas action in

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either the district of confinement or the district of conviction, 28 U.S.C. § 2241(d), although a

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petition challenging a conviction or the sentence imposed is preferably heard in the district of

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conviction. See N. D. Cal. Habeas L.R. 2254-3(b). The preferred venue is the Eastern District of

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California because the petitioner was convicted and the sentence was imposed in that district. The

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Northern District is not the proper venue because it is neither the district of confinement nor the

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district of conviction. Pursuant to 28 U.S.C. § 1406(a) and Habeas L.R. 2254-3(b), and in the

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interests of justice, this action is TRANSFERRED to the United States District Court for the

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Eastern District of California. The clerk shall transfer this matter forthwith.

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IT IS SO ORDERED.
Dated: August 10, 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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JAMES C. WASHINGTON,

Case No. 3:16-cv-03975-LB

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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FRED FIGUEROA,
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 August 10, 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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James C. Washington ID: V84558
TCCF MB-Cell-14
415 US Hwy 49 North
Tutwiler, MS 38963

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Dated: August 10, 2016

Susan Y. Soong
Clerk, United States District Court

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By:________________________
Lashanda Scott, Deputy Clerk to the
Honorable LAUREL BEELER
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