Benta v. Paramo

Filing 5

ORDER TRANSFERRING CASE. Case is transferred to the United States District Court for the Eastern District of California. Signed by Judge Laurel Beeler on 01/09/2018. (Attachments: # 1 Certificate/Proof of Service)(ejkS, COURT STAFF) (Filed on 1/9/2018)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 San Francisco Division United States District Court Northern District of California 11 MANUEL BENTA, Petitioner, 12 13 14 15 Case No. 18-cv-00010-LB ORDER OF TRANSFER v. Re: ECF No. 1 DANIEL PARAMO, Respondent. 16 17 18 The petitioner has filed a petition for writ of habeas corpus to challenge his conviction and 19 sentence from the Shasta County Superior Court. Shasta County lies within the venue of the 20 Eastern District of California. The petitioner is confined at the R. J. Donovan Correctional Facility 21 in San Diego. That facility is in San Diego County, within the venue of the Southern District of 22 California. Venue is proper in a habeas action in either the district of confinement or the district of 23 conviction, 28 U.S.C. § 2241(d), although a petition challenging a conviction or the sentence 24 imposed is preferably heard in the district of conviction. See N. D. Cal. Habeas L.R. 2254-3(b). 25 The preferred venue for this action is the Eastern District of California because the petitioner was 26 convicted and the sentence was imposed in that district. Pursuant to 28 U.S.C. § 1404(a) and 27 28 ORDER – No. 18-cv-00010-LB  1 Habeas L.R. 2254-3(b), and in the interests of justice, this action is TRANSFERRED to the United 2 States District Court for the Eastern District of California. The clerk shall transfer this matter 3 forthwith. 4 IT IS SO ORDERED. 5 Dated: January 9, 2018 ______________________________________ LAUREL BEELER United States Magistrate Judge 6 7 8 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 ORDER – No. 18-cv-00010-LB 2 

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