Lamar v. Hedgpeth

Filing 3

ORDER TRANSFERRING CASE.. Signed by Judge ARMSTRONG on 10/21/11. (lrc, COURT STAFF) (Filed on 10/25/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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HENRY PRESTON LAMAR,
Petitioner,

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For the Northern District of California

United States District Court

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ORDER OF TRANSFER

v.
A. HEDGPETH, Warden,
Respondent.

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No. C 11-04284 SBA (PR)

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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 Los Angeles County
Superior Court, which is in the venue of the Southern 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 Southern 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:

10/21/11
SAUNDRA BROWN ARMSTRONG
UNITED STATES DISTRICT JUDGE

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

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HENRY PRESTON LAMAR,
Case Number: CV11-04284 SBA
Plaintiff,

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For the Northern District of California

United States District Court

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CERTIFICATE OF SERVICE
v.
A HEDGPETH et al,
Defendant.

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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 October 25, 2011, 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.

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Henry Preston Lamar G50531
Salinas Valley State Prison
P.O. Box 1050
Soledad, CA 93960-1060
Dated: October 25, 2011

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Richard W. Wieking, Clerk
By: LISA R CLARK, Deputy Clerk

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G:\PRO-SE\SBA\HC.11\Lamar4284.Transfer.wpd

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