Dominguez-Osorio v. State of Arizona

Filing 6

ORDER OF TRANSFER. Signed by Magistrate Judge Jacqueline Scott Corley on 4/23/2018. (ahm, COURT STAFF) (Filed on 4/23/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RUDY DOMINGUEZ-OSORIO,

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Petitioner,

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ORDER OF TRANSFER

v.

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United States District Court
Northern District of California

Case No.18-cv-02336-JSC

STATE OF ARIZONA,

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Respondent.

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The Clerk of this Court received a pleading from Petitioner, a prisoner of the State of

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Arizona proceeding pro se, in which he asserts his innocence and requests “assistance” from the

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Court in releasing him from custody and vacating his conviction. Petitioner may challenge in

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federal court the validity of a criminal judgment from a state court on the grounds that it violates

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federal law by filing a petition for a writ of habeas corpus. See 28 U.S.C. § 2254. The district of

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conviction and the district of confinement have concurrent jurisdiction to entertain a petition for a

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writ of habeas corpus. See 28 U.S.C. § 2241(d). The District of Arizona has jurisdiction over a

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federal habeas petition challenging Petitioner's state court conviction because that is where

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Petitioner was convicted and is presently incarcerated. The district court for the district where the

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petition is filed may transfer the petition to the other district in the furtherance of justice. See id.
Accordingly, in the interest of justice, this case is TRANSFERRED to the United States

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District Court for the District of Arizona. 1 The Clerk shall transfer this matter forthwith.

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Although Petitioner refers in his pleading to the United States Court of Appeals in several
instances, the Clerk filed it in this Court because Petitioner mailed it here. In any event, a federal
habeas petition must be filed in the district court, not in the Court of Appeals.

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IT IS SO ORDERED.
Dated: April 23, 2018

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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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RUDY DOMINGUEZ-OSORIO,

Case No. 18-cv-02336-JSC

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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STATE OF ARIZONA,
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 April 23, 2018, 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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Rudy Dominguez-Osorio ID: ADOC 129071
Arizona State Prison Complex
Rast/Lewis
P.O. Box 3600
Buckeye, AZ 85326

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Dated: April 23, 2018

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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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