DuBose v. Adams

Filing 5

ORDER OF TRANSFER. Case is transferred to the United States District Court, Eastern District of California. Signed by Magistrate Judge Sallie Kim on 3/13/2017. (Attachments: # 1 Certificate/Proof of Service)(mklS, COURT STAFF) (Filed on 3/13/2017)

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1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 CYNTHIA A. DuBOSE, WE4428, Petitioner, 7 Case No. 17-0837 SK (PR) ORDER OF TRANSFER v. 8 9 DERRAL G. ADAMS, Warden, Respondent. 10 United States District Court Northern District of California 11 12 Petitioner seeks federal habeas review of a conviction from Butte County Superior 13 Court, which lies within the venue of the Eastern District of California. See 28 U.S.C. § 14 84(b). Petitioner is incarcerated at the Central California Women’s Facility in Chowchilla, 15 Madera County, which also lies within the venue of the Eastern District. See id. 16 Venue is proper in a habeas action in either the district of confinement or the district 17 of conviction, see 28 U.S.C. § 2241(d); however, petitions challenging a conviction 18 preferably are heard in the district of conviction. See Habeas L.R. 2254-3(a); Dannenberg 19 v. Ingle, 831 F. Supp. 767, 767 (N.D. Cal. 1993). 20 Because Butte County lies in the Eastern District of California, the court ORDERS 21 that pursuant to 28 U.S.C. § 1404(a) and Habeas Local Rule 2254-3(b), and in the interest 22 of justice, this petition be TRANSFERRED to the United States District Court for the 23 Eastern District of California. 24 The clerk shall transfer this matter forthwith. 25 IT IS SO ORDERED. 26 27 28 Dated: March 13, 2017 _________________________ SALLIE KIM United States Magistrate Judge

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