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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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San Francisco Division

United States District Court
Northern District of California

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JAMES KEY,
Petitioner,

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Case No. 17-cv-03460-LB
ORDER OF TRANSFER

v.
MICHAEL MARIEL,
Respondent.

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The petitioner has filed a petition for writ of habeas corpus to challenge his conviction and

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sentence from the Los Angeles County Superior Court. Los Angeles County lies within the venue

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of the Central District of California. The petitioner is confined at the California Health Care

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Facility in Stockton. That facility is in San Joaquin County, within the venue of the Eastern

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

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district of conviction, 28 U.S.C. § 2241(d), although a petition challenging a conviction or the

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sentence imposed is preferably heard in the district of conviction. See N. D. Cal. Habeas L.R.

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2254-3(b). The preferred venue for this action is the Central District of California because the

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petitioner was convicted and the sentence was imposed in that district. The Northern District is not

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the proper venue because it is neither the district of confinement nor the district of conviction.

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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

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action is TRANSFERRED to the United States District Court for the Central 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: August 3, 2017
______________________________________
LAUREL BEELER
United States Magistrate Judge

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United States District Court
Northern District of California

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ORDER – No. 17-cv-03460-LB

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