Castillo v. United States District Court for the Northern District of California

Filing 8

ORDER OF TRANSFER. Signed by Judge Vince Chhabria on 2/14/2018. The deputy clerk hereby certifies that on 2/14/2018 a copy of this order was served by sending it via first-class mail to the address of each non-CM/ECF user listed on the Notice of Electronic Filing. (knm, COURT STAFF) (Filed on 2/14/2018)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

FRANK R. CASTILLO,

Case No. 17-cv-07109-VC (PR)

Petitioner,
v.

ORDER OF TRANSFER

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF
CALIFORNIA,
Respondent.
Frank R. Castillo, a state prisoner incarcerated at Salinas Valley State Prison, has filed a
pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, challenging the validity
of his sentence imposed in the Fresno County Superior Court.
A federal petition for a writ of habeas corpus made by a person in custody under the
judgment and sentence of a state court is properly filed in either the district of confinement or the
district of conviction. 28 U.S.C. § 2241(d). The district court where the petition is filed may
transfer the petition to the other district in the furtherance of justice. Id. Federal courts in
California traditionally have chosen to hear petitions challenging a conviction or sentence in the
district of conviction. Dannenberg v. Ingle, 831 F. Supp. 767, 767 (N.D. Cal. 1993).
Castillo was convicted and sentenced in the Fresno County Superior Court, which lies
within the venue of the Eastern District of California. 28 U.S.C. § 84(b). Thus, jurisdiction over
the petition exists in the Eastern District of California, not in this district.
Pursuant to 28 U.S.C. § 1406(a) and Habeas L.R. 2254-3(b), and in the interest of justice,
the Clerk of the Court is ordered to TRANSFER this action forthwith to the United States
District Court for the Eastern District of California.

All pending motions are TERMINATED on this Court’s docket.
IT IS SO ORDERED.
Dated: February 14, 2018
______________________________________
VINCE CHHABRIA
United States District Judge

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