O'Dell v. McLeod

Filing 7

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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