O'Dell v. McLeod
Filing
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AMENDED 4 ORDER OF TRANSFER. Signed by Judge Claudia Wilken on 9/13/2011. (Attachments: # 1 Certificate/Proof of Service)(ndr, COURT STAFF) (Filed on 9/13/2011)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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United States District Court
For the Northern District of California
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No. C 11-03926 CW (PR)
ERIC ANDREW O'DELL,
AMENDED ORDER OF TRANSFER
Petitioner,
v.
JANICE GALLI McLEOD, et al.,
Respondents.
/
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Petitioner, a state prisoner, has filed a pro se petition for
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a writ of habeas corpus.
Petitioner has not paid the filing fee or
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filed an application for leave to proceed in forma pauperis.
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A federal statute allows "the Supreme Court, any justice
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thereof, the district courts and any circuit judge" to grant writs
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of habeas corpus "within their respective jurisdictions."
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U.S.C. § 2241(a).
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made by a person in custody under the judgment and sentence of a
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state court is properly filed in either the district of confinement
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or the district of conviction.
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where the petition is filed, however, may transfer the petition to
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the other district in the furtherance of justice.
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courts in California traditionally have chosen to hear petitions
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challenging a conviction or sentence in the district of conviction.
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A federal petition for a writ of habeas corpus
Id. § 2241(d).
The district court
See id.
Federal
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See Dannenberg v. Ingle, 831 F. Supp. 767, 767 (N.D. Cal. 1993);
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Laue v. Nelson, 279 F. Supp. 265, 266 (N.D. Cal. 1968).
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Here, Petitioner challenges a conviction and sentence incurred
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in Pomona Superior Court in Los Angeles County, which is located in
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the venue of the Central District of California.
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§ 84(c)(2).
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See 28 U.S.C.
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
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in the interest of justice, the Clerk of the Court is ordered to
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TRANSFER this action forthwith to the United States District Court
United States District Court
For the Northern District of California
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for the Central District of California.
IT IS SO ORDERED.
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Dated: 9/13/2011
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CLAUDIA WILKEN
UNITED STATES DISTRICT JUDGE
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