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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CYNTHIA A. DuBOSE, WE4428,
Petitioner,

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Case No. 17-0837 SK (PR)
ORDER OF TRANSFER

v.
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DERRAL G. ADAMS, Warden,
Respondent.

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United States District Court
Northern District of California

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Petitioner seeks federal habeas review of a conviction from Butte County Superior

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Court, which lies within the venue of the Eastern District of California. See 28 U.S.C. §

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84(b). Petitioner is incarcerated at the Central California Women’s Facility in Chowchilla,

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Madera County, which also lies within the venue of the Eastern District. See id.

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

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of conviction, see 28 U.S.C. § 2241(d); however, petitions challenging a conviction

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preferably are heard in the district of conviction. See Habeas L.R. 2254-3(a); Dannenberg

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v. Ingle, 831 F. Supp. 767, 767 (N.D. Cal. 1993).

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Because Butte County lies in the Eastern District of California, the court ORDERS

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that pursuant to 28 U.S.C. § 1404(a) and Habeas Local Rule 2254-3(b), and in the interest

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of justice, this petition be TRANSFERRED to the United States District Court for the

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Eastern District of California.

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The clerk shall transfer this matter forthwith.

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IT IS SO ORDERED.

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Dated: March 13, 2017

_________________________
SALLIE KIM
United States Magistrate Judge