Tinney v. Curry

Filing 4

ORDER OF TRANSFER. Signed by Judge Phyllis J. Hamilton on 4/20/09. (Attachments: # 1 Certificate of Service)(nah, COURT STAFF) (Filed on 4/20/2009)

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1 2 3 4 5 6 7 8 9 10 v. BEN CURRY, Warden, Respondent. / TYRONE JAMAL TINNEY, Petitioner, No. C 09-1570 PJH (PR) ORDER OF TRANSFER UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA United United States District Court 11 For the Northern District of California 12 This is a habeas case filed pro se by a state prisoner. Petitioner seeks to challenge a 13 conviction obtained in the Superior Court in and for San Joaquin County. San Joaquin 14 County is in the venue of the United States District Court for the Eastern District of 15 California. Petitioner is incarcerated at the Correctional Training Facility, which is in this 16 district. 17 Venue for a habeas action is proper in either the district of confinement or the district 18 of conviction, 28 U.S.C. 2241(d); however, petitions challenging a conviction are 19 preferably heard in the district of conviction. Habeas L.R. 2254-3(a); Laue v. Nelson, 279 F. 20 Supp. 265, 266 (N.D. Cal. 1968). 21 Because petitioner was convicted in San Joaquin County, this case is 22 TRANSFERRED to the United States District Court for the Eastern District of California. 23 See 28 U.S.C. 1406(a); Habeas L.R. 2254-3(b). 24 IT IS SO ORDERED. PHYLLIS J. HAMILTON United States District Judge 25 Dated: April 20, 2009. 26 27 28 G:\PRO-SE\PJH\HC.09\TINNEY1570.TRN.wpd

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