Miller v. People of the State of California

Filing 4

ORDER TRANSFERRING CASE to the Central District of California, Western Division.. Signed by Judge Claudia Wilken on 10/21/2009. (cp, COURT STAFF) (Filed on 10/21/2009)

1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. PEOPLE OF THE STATE OF CALIFORNIA, Respondent. / NORRIS DAJON MILLER, Petitioner, No. C 09-04657 CW (PR) ORDER OF TRANSFER IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Petitioner, a state prisoner, has filed a pro se petition for a writ of habeas corpus. pauperis. Federal statute allows "the Supreme Court, any justice thereof, the district courts and any circuit judge" to grant writs of habeas corpus "within their respective jurisdictions." U.S.C. § 2241(a). 28 He seeks leave to proceed in forma

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. Id. § 2241(d). The district court

where the petition is filed, however, may transfer the petition to the other district in the furtherance of justice. See id. Federal

courts in California traditionally have chosen to hear petitions challenging a conviction or sentence in the district of conviction.

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

See Dannenberg v. Ingle, 831 F. Supp. 767, 767 (N.D. Cal. 1993); Laue v. Nelson, 279 F. Supp. 265, 266 (N.D. Cal. 1968). Here, Petitioner challenges a conviction and sentence incurred in the Los Angles County Superior Court, which is in the venue of the Western Division of the Central District of California. U.S.C. § 84. action. 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 Western Division of the Central District of California. All remaining motions are TERMINATED on this Court's docket as no longer pending in this district. IT IS SO ORDERED. Dated: 10/21/2009 CLAUDIA WILKEN UNITED STATES DISTRICT JUDGE Accordingly, that is the proper venue for this See 28

2

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

NORRIS DAJON MILLER, Plaintiff, v. PEOPLE OF THE STATE OF CALIFORNIA et al, Defendant. /

Case Number: CV09-04657 CW CERTIFICATE OF SERVICE

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 October 21, 2009, 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.

Norris DaJon Miller F-22959 Kern Valley State Prison P.O. Box 5102 Delano, CA 93216 Dated: October 21, 2009 Richard W. Wieking, Clerk By: Clara Pierce, Deputy Clerk