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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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 9 United States District Court For the Northern District of California 10 11 12 No. C 11-03926 CW (PR) ERIC ANDREW O'DELL, AMENDED ORDER OF TRANSFER Petitioner, v. JANICE GALLI McLEOD, et al., Respondents. / 13 14 Petitioner, a state prisoner, has filed a pro se petition for 15 a writ of habeas corpus. Petitioner has not paid the filing fee or 16 filed an application for leave to proceed in forma pauperis. 17 A federal statute allows "the Supreme Court, any justice 18 thereof, the district courts and any circuit judge" to grant writs 19 of habeas corpus "within their respective jurisdictions." 20 U.S.C. § 2241(a). 21 made by a person in custody under the judgment and sentence of a 22 state court is properly filed in either the district of confinement 23 or the district of conviction. 24 where the petition is filed, however, may transfer the petition to 25 the other district in the furtherance of justice. 26 courts in California traditionally have chosen to hear petitions 27 challenging a conviction or sentence in the district of conviction. 28 28 A federal petition for a writ of habeas corpus Id. § 2241(d). The district court See id. Federal 1 See Dannenberg v. Ingle, 831 F. Supp. 767, 767 (N.D. Cal. 1993); 2 Laue v. Nelson, 279 F. Supp. 265, 266 (N.D. Cal. 1968). 3 Here, Petitioner challenges a conviction and sentence incurred 4 in Pomona Superior Court in Los Angeles County, which is located in 5 the venue of the Central District of California. 6 § 84(c)(2). 7 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 8 in the interest of justice, the Clerk of the Court is ordered to 9 TRANSFER this action forthwith to the United States District Court United States District Court For the Northern District of California 10 11 for the Central District of California. IT IS SO ORDERED. 12 Dated: 9/13/2011 13 CLAUDIA WILKEN UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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