Smith v. Sullivan

Filing 6

ORDER TRANSFERRING CASE. Signed by Judge William Alsup on 4/24/17. (dl, COURT STAFF) (Filed on 4/24/2017) (Additional attachment(s) added on 4/24/2017: # 1 Certificate/Proof of Service) (dl, COURT STAFF).

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 JAMES SMITH, No. C 17-1900 WHA (PR) 10 ORDER OF TRANSFER v. For the Northern District of California United States District Court Petitioner, 11 12 J SULLIVAN, Warden, 13 Respondent. 14 / 15 Petitioner is a state prisoner currently incarcerated at the California Correctional 16 Institute in Tehachapi, California. He has filed a petition for a writ of habeas corpus under 28 17 U.S.C. 2254 challenging a conviction and sentence obtained in Siskiyou County Superior Court. 18 19 A petition for a writ of habeas corpus made by a person in custody under the judgment 20 and sentence of a state court of a state which contains two or more federal judicial districts may 21 be filed in either the district of confinement or the district of conviction. See 28 U.S.C. § 22 2241(d). Each of such districts shall have concurrent jurisdiction to entertain the petition; 23 however, the district court for the district where the petition is filed may transfer the petition to 24 the other district in the furtherance of justice. See id. Federal courts in California traditionally 25 have chosen to hear petitions challenging a conviction or sentence in the district of conviction. 26 See Dannenberg v. Ingle, 831 F. Supp. 767, 768 (N.D. Cal. 1993); Laue v. Nelson, 279 F. Supp. 27 265, 266 (N.D. Cal. 1968). 28 Petitioner challenges a judgment from Siskiyou County, which lies within the venue of the Eastern District of California. Accordingly, in the interest of justice, and pursuant to 28 1 U.S.C. § 1406(a), this action is TRANSFERRED to the United States District Court for the 2 Eastern District of California. 3 The clerk shall transfer this matter forthwith. 4 IT IS SO ORDERED. 5 Dated: April 6 24 , 2017. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE 7 8 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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