Lees v. Arce

Filing 4

ORDER OF TRANSFER. Signed by Judge Jacqueline Scott Corley on 11/25/2024. (ahm, COURT STAFF) (Filed on 11/25/2024)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ALEXANDER LEES,
Plaintiff,

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United States District Court
Northern District of California

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Case No. 24-cv-08129-JSC
ORDER OF TRANSFER

v.
CARLOS ARCE,
Defendant.

Petitioner, a California prisoner proceeding without an attorney, filed this petition for a

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writ of habeas corpus under 28 U.S.C. § 2254. The petition challenges the validity of Petitioner’s

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conviction in Solano County Superior Court. (ECF No. 1 at 1, 5-9.)

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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); see also N.D. Cal. Habeas L.R. 2254-3(b) (mandating transfer to the district of conviction).

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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. Solano County is located within the venue of the Eastern

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District of California. See 28 U.S.C. § 84(b).

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Accordingly, in the interest of justice, this case is TRANSFERRED to the United States
District Court for the Eastern District of California.

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The Clerk shall transfer this matter forthwith.

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IT IS SO ORDERED.

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Dated: November 25, 2024

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JACQUELINE SCOTT CORLEY
United States District Judge

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United States District Court
Northern District of California

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