Adams v. Cook et al

Filing 13

ORDER TRANSFERRING CASE to Western Division of the United States District Court for the Central District of California. Signed by Judge Claudia Wilken on 03/17/2010. (scc, COURT STAFF) (Filed on 3/17/2010)

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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. WARDEN COOK, et al., Respondents. / JIMMIE LEE ADAMS, SR., Petitioner, No. C 09-05937 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 Angeles 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 Western Division of the United States District Court for 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: 3/17/2010 CLAUDIA WILKEN UNITED STATES DISTRICT JUDGE Accordingly, that is the proper venue for this See 28 2 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 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA JIMMIE LEE ADAMS SR, Plaintiff, v. COOK, WARDEN et al, Defendant. / Case Number: CV09-05937 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 March 17, 2010, 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. Jimmie Lee Adams H-79884 DMH Q2-222 CA Medical Facility P.O. Box 2000 Vacaville, CA 95687 Dated: March 17, 2010 Richard W. Wieking, Clerk By: Sheilah Cahill, Deputy Clerk 3

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