Davis v. Lopez

Filing 4

ORDER TRANSFERRING CASE., ***Civil Case Terminated.. Signed by Judge ARMSTRONG on 6/22/10. (lrc, COURT STAFF) (Filed on 6/24/2010)

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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. ALBERT DAVIS, Petitioner, IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA No. C 10-00348 SBA (PR) ORDER OF TRANSFER R. LOPEZ, Acting Warden, Respondent. / Petitioner, a state prisoner, has filed a pro se petition for a writ of habeas corpus. He has filed a motion for leave to proceed in forma 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." 28 U.S.C. 2241(a). 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). Where a case is filed in the wrong venue, the district court has the discretion to transfer it to the proper federal court "in the interest of justice." See 28 U.S.C. 1406(a). Here, Petitioner challenges a conviction and sentence incurred in the Sacramento County Superior Court, which is in the venue of the Eastern District of California. See 28 U.S.C. 84. Accordingly, that is the proper venue for this 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 Eastern 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: 6/22/10 SAUNDRA BROWN ARMSTRONG UNITED STATES DISTRICT JUDGE 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 ALBERT DAVIS, Plaintiff, v. R.LOPEZ et al, Defendant. / Case Number: CV10-00348 SBA 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 June 24, 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. Albert Davis F49429 Corcoran State Prison P.O. Box 3466 Corcoran, CA 93212 Dated: June 24, 2010 G:\PRO-SE\SBA\HC.10\Davis0348.Transfer.wpd Richard W. Wieking, Clerk By: LISA R CLARK, Deputy Clerk 2

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