Osorio v. Frauenheim

Filing 5

ORDER OF TRANSFER. Signed by Magistrate Judge Sallie Kim on 11/24/2017. (mklS, COURT STAFF) (Filed on 11/24/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ARIOSTO LIRA OSORIO, AX7579,
Petitioner,

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United States District Court
Northern District of California

ORDER OF TRANSFER

v.
S. FRAUENHEIM, Warden,
Respondent.

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Case No. 17-cv-06721-SK (PR)

Petitioner seeks federal habeas review of a conviction from Kern County Superior Court,

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which lies within the venue of the Eastern District of California. See 28 U.S.C. § 84(b).

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Petitioner is incarcerated at Pleasant Valley State Prison in Fresno County, which also lies within

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the venue of the Eastern District of California. See id.

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

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conviction, see 28 U.S.C. § 2241(d); however, petitions challenging a conviction preferably are

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heard in the district of conviction. See Habeas L.R. 2254-3(a); Dannenberg v. Ingle, 831 F. Supp.

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767, 767 (N.D. Cal. 1993).

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Because Kern County lies in the Eastern District of California, the court ORDERS that

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pursuant to 28 U.S.C. § 1404(a) and Habeas Local Rule 2254-3(b), and in the interest of justice,

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this petition be TRANSFERRED to the United States District Court for the Eastern District of

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California.

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The clerk shall transfer this matter forthwith.
IT IS SO ORDERED.
Dated: November 24, 2017
______________________________________
SALLIE KIM
United States Magistrate Judge

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ARIOSTO LIRA OSORIO,

Case No. 17-cv-06721-SK

Peitioner,
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v.

CERTIFICATE OF SERVICE

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S. FRAUENHEIM,
Respondent.

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 November 24, 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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Ariosto Lira Osorio ID: #:AX7579
Pleasant Valley State Prison
P.O. Box 8500, A-3#147
Coalinga, CA 93210

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Dated: November 24, 2017

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Susan Y. Soong
Clerk, United States District Court
By:________________________
Melinda K. Lozenski, Deputy Clerk to the
Honorable SALLIE KIM

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