Dykes v. Department of Correction and Rehabilitation/Warden

Filing 3

ORDER OF TRANSFER. ***Civil Case Terminated. Signed by Judge Phyllis J. Hamilton on 5/25/12. (Attachments: # 1 Certificate/Proof of Service)(nah, COURT STAFF) (Filed on 5/25/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JOHNNY A. DYKES,
Petitioner,

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v.

ORDER OF TRANSFER

DEPARTMENT OF CORRECTION AND
REHABILITATION/WARDEN,

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For the Northern District of California

United States District Court

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No. C 12-0888 PJH (PR)

Respondent.
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/

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This is a habeas case filed pro se by a state prisoner. Petitioner seeks to challenge a
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conviction obtained in the Superior Court in and for Fresno County. Fresno County is in the
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venue of the United States District Court for the Eastern District of California. Petitioner is
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incarcerated at California State Prison, Solano Prison, which is in the Eastern District.
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Venue for a habeas action is proper in either the district of confinement or the district
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of conviction, 28 U.S.C. § 2241(d); this district is neither. Because petitions challenging a
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conviction are preferably heard in the district of conviction, Habeas L.R. 2254-3(a); Laue v.
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Nelson, 279 F. Supp. 265, 266 (N.D. Cal. 1968), and petitioner was convicted in Fresno
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County, this case is TRANSFERRED to the United States District Court for the Eastern
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District of California. See 28 U.S.C. § 1406(a); Habeas L.R. 2254-3(b).
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IT IS SO ORDERED.
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Dated: May 25, 2012.
PHYLLIS J. HAMILTON
United States District Judge

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