Kinnamon v. People of the State of California et al

Filing 3

ORDER OF TRANSFER. Signed by Judge Phyllis J. Hamilton on 11/18/11. (Attachments: # 1 Certificate/Proof of Service)(nah, COURT STAFF) (Filed on 11/18/2011)

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1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 OAKLAND DIVISION 6 7 TODD LEE KINNAMON, Petitioner, 8 9 v. ORDER OF TRANSFER G. GIPSON, Warden, Respondent. 11 For the Northern District of California United States District Court 10 No. C 11-5087 PJH (PR) / 12 13 This is a habeas case filed pro se by a state prisoner. Petitioner seeks to challenge a 14 restitution requirement that was part of a sentence imposed by the Superior Court in and for 15 Ventura County. Ventura County is in the venue of the United States District Court for the 16 Central District of California. Petitioner is incarcerated at Corcoran State Prison, which is in 17 the Eastern District. 18 Venue for a habeas action is proper in either the district of confinement or the district 19 of conviction, 28 U.S.C. § 2241(d); this district is neither. Because petitions challenging a 20 conviction are preferably heard in the district of conviction, Habeas L.R. 2254-3(a); Laue v. 21 Nelson, 279 F. Supp. 265, 266 (N.D. Cal. 1968), and petitioner was convicted in Ventura 22 County, this case is TRANSFERRED to the United States District Court for the Central 23 District of California. See 28 U.S.C. § 1406(a); Habeas L.R. 2254-3(b). 24 IT IS SO ORDERED. 25 Dated: November 18, 2011. PHYLLIS J. HAMILTON United States District Judge 26 27 28 P:\PRO-SE\PJH\HC.11\KINNAMON5087.TRN.wpd

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