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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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GERELL LEE WHATLEY,
Plaintiff,

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United States District Court
Northern District of California

ORDER OF TRANSFER

v.

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Case No.17-cv-03709-JSC

Dkt. Nos. 2, 3
DEBBIE ASCUNCION,
Defendant.

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Petitioner, a California prisoner proceeding pro se, filed this petition for a writ of habeas

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corpus under 28 U.S.C. § 2254. The petition challenges the validity of a criminal judgment from

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San Joaquin County Superior Court.
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 be

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filed in either the district of confinement or the district of conviction. See 28 U.S.C. § 2241(d).

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Each of such districts shall have concurrent jurisdiction to entertain the petition; however, the

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district court for the district where the petition is filed may transfer the petition to the other district

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in the furtherance of justice. See id. Federal courts in California traditionally have chosen to hear

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petitions challenging a conviction or sentence in the district of conviction. See Dannenberg v.

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Ingle, 831 F. Supp. 767, 768 (N.D. Cal. 1993); Laue v. Nelson, 279 F. Supp. 265, 266 (N.D. Cal.

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1968).

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As Petitioner challenges the validity of his conviction, the proper venue for his petition is

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the district in which he was convicted. San Joaquin County is located within the venue of the

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Eastern District of California. See 28 U.S.C. § 84. Accordingly, in the interest of justice, this case

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is TRANSFERRED to the United States District Court for the Eastern District of California. In

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light of this transfer, ruling on Petitioner’s application to proceed in forma pauperis and motion for

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a stay and abeyance are deferred to the Eastern District.

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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

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JACQUELINE SCOTT CORLEY
United States Magistrate Judge

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United States District Court
Northern District of California

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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GERELL LEE WHATLEY,

Case No. 17-cv-03709-JSC

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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DEBBIE ASCUNCION,
Defendant.

United States District Court
Northern District of California

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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.

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Gerell Lee Whatley ID: AD-0584
Los Angeles County State Prison
44750 60th Street W
Box 8457
Lancaster, CA 93539

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Dated: July 13, 2017

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Susan Y. Soong
Clerk, United States District Court

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By:________________________
Ada Means, Deputy Clerk to the
Honorable JACQUELINE SCOTT CORLEY
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