Neal v. Warden of SATF et al

Filing 20

ORDER TRANSFERRING CASE.. Signed by Judge James Donato on 11/18/16. (lrcS, COURT STAFF) (Filed on 11/18/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ROBERT W. NEAL,
Petitioner,

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United States District Court
Northern District of California

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Case No.16-cv-05978-JD

ORDER OF TRANSFER

v.

Re: Dkt. Nos. 7, 8, 14, 18
WARDEN OF SATF, et al.,
Respondent.

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This is a habeas case filed pro se by a state prisoner. Petitioner seeks to challenge a

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conviction obtained in Plumas County. Plumas County is in the venue of the United States

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District Court for the Eastern District of California. Petitioner is incarcerated in Corcoran, CA,

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which is also located in the Eastern District of California.

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

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conviction, 28 U.S.C. § 2241(d); this district is neither. Because petitions challenging a

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conviction are preferably heard in the district of conviction, Habeas L.R. 2254-3(a); Laue v.

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Nelson, 279 F. Supp. 265, 266 (N.D. Cal. 1968), and petitioner was convicted in Plumas County,

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this case is TRANSFERRED to the United States District Court for the Eastern District of

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California. See 28 U.S.C. § 1406(a); Habeas L.R. 2254-3(b). Petitioner’s motions (Docket Nos.

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7, 8, 14, 18) are VACATED.

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IT IS SO ORDERED.
Dated: November 18, 2016

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JAMES DONATO
United States District Judge

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ROBERT W. NEAL,

Case No. 16-cv-05978-JD

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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WARDEN OF SATF, et al.,
Defendants.

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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.

United States District Court
Northern District of California

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That on November 18, 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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Robert W. Neal ID: AN1615
PO Box 5244
Corcoran, CA 93212

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Dated: November 18, 2016

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Susan Y. Soong
Clerk, United States District Court

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By:________________________
LISA R. CLARK, Deputy Clerk to the
Honorable JAMES DONATO

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