Whatley v. Ascuncion

Filing 5

ORDER of Transfer. Signed by Magistrate Judge Jacqueline Scott Corley on 7/13/2017. (ahm, COURT STAFF) (Filed on 7/13/2017)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 GERELL LEE WHATLEY, Plaintiff, 9 United States District Court Northern District of California ORDER OF TRANSFER v. 10 11 Case No.17-cv-03709-JSC Dkt. Nos. 2, 3 DEBBIE ASCUNCION, Defendant. 12 Petitioner, a California prisoner proceeding pro se, filed this petition for a writ of habeas 13 14 corpus under 28 U.S.C. § 2254. The petition challenges the validity of a criminal judgment from 15 San Joaquin County Superior Court. A petition for a writ of habeas corpus made by a person in custody under the judgment 16 17 and sentence of a state court of a state which contains two or more federal judicial districts may be 18 filed in either the district of confinement or the district of conviction. See 28 U.S.C. § 2241(d). 19 Each of such districts shall have concurrent jurisdiction to entertain the petition; however, the 20 district court for the district where the petition is filed may transfer the petition to the other district 21 in the furtherance of justice. See id. Federal courts in California traditionally have chosen to hear 22 petitions challenging a conviction or sentence in the district of conviction. See Dannenberg v. 23 Ingle, 831 F. Supp. 767, 768 (N.D. Cal. 1993); Laue v. Nelson, 279 F. Supp. 265, 266 (N.D. Cal. 24 1968). 25 As Petitioner challenges the validity of his conviction, the proper venue for his petition is 26 the district in which he was convicted. San Joaquin County is located within the venue of the 27 Eastern District of California. See 28 U.S.C. § 84. Accordingly, in the interest of justice, this case 28 is TRANSFERRED to the United States District Court for the Eastern District of California. In 1 light of this transfer, ruling on Petitioner’s application to proceed in forma pauperis and motion for 2 a stay and abeyance are deferred to the Eastern District. 3 4 5 6 The Clerk shall terminate these motions from this Court’s docket (ECF Nos. 2, 3), and shall transfer this matter forthwith. IT IS SO ORDERED. Dated: July 13, 2017 7 8 JACQUELINE SCOTT CORLEY United States Magistrate Judge 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 2 1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 GERELL LEE WHATLEY, Case No. 17-cv-03709-JSC Plaintiff, 8 v. CERTIFICATE OF SERVICE 9 10 DEBBIE ASCUNCION, Defendant. United States District Court Northern District of California 11 12 13 14 15 16 17 I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on July 13, 2017, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office. 18 19 20 21 Gerell Lee Whatley ID: AD-0584 Los Angeles County State Prison 44750 60th Street W Box 8457 Lancaster, CA 93539 22 23 Dated: July 13, 2017 24 25 Susan Y. Soong Clerk, United States District Court 26 27 28 By:________________________ Ada Means, Deputy Clerk to the Honorable JACQUELINE SCOTT CORLEY 3

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