Smith v. Sullivan
Filing
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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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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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JAMES SMITH,
No. C 17-1900 WHA (PR)
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ORDER OF TRANSFER
v.
For the Northern District of California
United States District Court
Petitioner,
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J SULLIVAN, Warden,
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Respondent.
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Petitioner is a state prisoner currently incarcerated at the California Correctional
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Institute in Tehachapi, California. He has filed a petition for a writ of habeas corpus under 28
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U.S.C. 2254 challenging a conviction and sentence obtained in Siskiyou County Superior Court.
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A petition for a writ of habeas corpus made by a person in custody under the judgment
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and sentence of a state court of a state which contains two or more federal judicial districts may
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be filed in either the district of confinement or the district of conviction. See 28 U.S.C. §
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2241(d). Each of such districts shall have concurrent jurisdiction to entertain the petition;
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however, the district court for the district where the petition is filed may transfer the petition to
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the other district in the furtherance of justice. See id. Federal courts in California traditionally
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have chosen to hear petitions challenging a conviction or sentence in the district of conviction.
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See Dannenberg v. Ingle, 831 F. Supp. 767, 768 (N.D. Cal. 1993); Laue v. Nelson, 279 F. Supp.
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265, 266 (N.D. Cal. 1968).
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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
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U.S.C. § 1406(a), this action is 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: April
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, 2017.
WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE
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For the Northern District of California
United States District Court
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