Key v. Mariel

Filing 8

ORDER OF TRANSFER. Signed by Judge Laurel Beeler on 8/3/2017. (Attachments: # 1 Certificate/Proof of Service)(afmS, COURT STAFF) (Filed on 8/4/2017)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 San Francisco Division United States District Court Northern District of California 11 12 JAMES KEY, Petitioner, 13 14 15 16 Case No. 17-cv-03460-LB ORDER OF TRANSFER v. MICHAEL MARIEL, Respondent. 17 18 The petitioner has filed a petition for writ of habeas corpus to challenge his conviction and 19 sentence from the Los Angeles County Superior Court. Los Angeles County lies within the venue 20 of the Central District of California. The petitioner is confined at the California Health Care 21 Facility in Stockton. That facility is in San Joaquin County, within the venue of the Eastern 22 District of California. Venue is proper in a habeas action in either the district of confinement or the 23 district of conviction, 28 U.S.C. § 2241(d), although a petition challenging a conviction or the 24 sentence imposed is preferably heard in the district of conviction. See N. D. Cal. Habeas L.R. 25 2254-3(b). The preferred venue for this action is the Central District of California because the 26 petitioner was convicted and the sentence was imposed in that district. The Northern District is not 27 the proper venue because it is neither the district of confinement nor the district of conviction. 28 Pursuant to 28 U.S.C. § 1406(a) and Habeas L.R. 2254-3(b), and in the interests of justice, this ORDER – No. 17-cv-03460-LB 1 action is TRANSFERRED to the United States District Court for the Central District of California. 2 The clerk shall transfer this matter forthwith. 3 IT IS SO ORDERED. 4 Dated: August 3, 2017 ______________________________________ LAUREL BEELER United States Magistrate Judge 5 6 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDER – No. 17-cv-03460-LB 2

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