Haynes v. Muniz

Filing 7

ORDER OF TRANSFER. Signed by Magistrate Judge Jacqueline Scott Corley on 11/9/2016. (ahm, COURT STAFF) (Filed on 11/9/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DARRELL HAYNES,
Plaintiff,

United States District Court
Northern District of California

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ORDER OF TRANSFER

v.

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Case No.16-cv-05038-JSC

Re: Dkt. Nos. 2, 5
W. L. MUNIZ,
Defendant.

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Petitioner is a state prisoner currently incarcerated at Salinas Valley State Prison in

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Soledad, California. He has filed a pro se petition for a writ of habeas corpus under 28 U.S.C. §

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2254 challenging his conviction in Los Angeles County Superior Court.
A petition for a writ of habeas corpus made by a person in custody under the judgment and

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sentence of a state court of a state which contains two or more federal judicial districts may be

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filed in either the district of confinement or the district of conviction. See 28 U.S.C. § 2241(d).

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Each of such districts shall have concurrent jurisdiction to entertain the petition; however, the

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district court for the district where the petition is filed may transfer the petition to the other district

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in the furtherance of justice. Id. Federal courts in California traditionally have chosen to hear

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petitions challenging a conviction or sentence in the district of conviction. See Dannenberg v.

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Ingle, 831 F. Supp. 767, 768 (N.D. Cal. 1993); Laue v. Nelson, 279 F. Supp. 265, 266 (N.D. Cal.

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1968).

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Los Angeles County, where Petitioner was convicted, lies within the venue of the Central
District of California. See 28 U.S.C. § 84. Accordingly, in the furtherance of justice, this action is

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

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Petitioner’s application for leave to proceed in forma pauperis and motion for appointment of

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counsel are deferred to the Central District. The Clerk of the Court shall administratively

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terminate these motions from this Court’s docket and transfer this matter forthwith.

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IT IS SO ORDERED.
Dated: November 9, 2016

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JACQUELINE SCOTT CORLEY
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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DARRELL HAYNES,

Case No. 16-cv-05038-JSC

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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W. L. MUNIZ,
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.
That on November 9, 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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Darrell Haynes ID: G-59394
Salinas Valley State Prison B-1-125
P.O. Box 1050
Soledad, CA 93960-1050

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Dated: November 9, 2016

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Susan Y. Soong
Clerk, United States District Court

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By:________________________
Ada Means, Deputy Clerk to the
Honorable JACQUELINE SCOTT CORLEY
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