Howes v. Warden

Filing 7

ORDER OF DISMISSAL (Illston, Susan) (Filed on 1/9/2017) (Additional attachment(s) added on 1/9/2017: # 1 Certificate/Proof of Service) (tfS, COURT STAFF).

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CHRISTOPHER G. HOWES,

Case No. 16-cv-06604-SI

Petitioner,
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v.

ORDER OF DISMISSAL

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WARDEN,
Respondent.

United States District Court
Northern District of California

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Christopher G. Howes filed a pro se petition for writ of habeas corpus to challenge a

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conviction from a state court in Concord, New Hampshire. He alleges he is currently in custody in

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a psychiatric prison in Concord, New Hampshire. Docket No. 4 at 1. On November 15, 2016, the

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court notified Howes that this action was deficient because he had not paid the filing fee or filed

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an in forma pauperis application, and notified him that this action would be dismissed if he did not

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respond to the notice to pay the filing fee or file a completed in forma pauperis application within

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twenty-eight days. Howes did not pay the filing fee or file a completed in forma pauperis

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application, and the deadline by which to do so has passed. Accordingly, this action is dismissed

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for failure to pay the filing fee or file an in forma pauperis application.

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This action is dismissed for the separate and additional reason that it was filed in the wrong

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venue. The proper venue for a petition for writ of habeas corpus is the district of confinement or

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the district of conviction. 28 U.S.C. § 2241(d). As the petition is from a petitioner in custody in

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New Hampshire and challenges a conviction from a state court in New Hampshire, the United

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States District Court for the District of New Hampshire is the proper venue. The United States

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District Court for the Northern District of California is not the proper venue for the petition.

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This action is DISMISSED without prejudice to Howes filing a petition for writ of habeas

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corpus in the United States District Court for the District of New Hampshire, for which he pays

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the filing fee or files a completed in forma pauperis application at the time he files his petition.

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The clerk shall close the file.

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IT IS SO ORDERED.
Dated: January 9, 2017
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SUSAN ILLSTON
United States District Judge

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United States District Court
Northern District of California

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