Berg v. Busby

Filing 2

ORDER OF TRANSFER., ***Civil Case Terminated. Signed by Judge Phyllis J. Hamilton on 4/30/12. (Attachments: # 1 Certificate/Proof of Service)(nah, COURT STAFF) (Filed on 4/30/2012)

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1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 7 ERIC ANTHONY BERG, Petitioner, 8 9 11 For the Northern District of California United States District Court 10 No. C 12-1428 PJH (PR) v. ORDER OF TRANSFER T. BUSBY, Warden, Respondent. / 12 13 This is a habeas case filed pro se by a state prisoner. Petitioner seeks to challenge a 14 conviction obtained in the Superior Court in and for Siskiyou County. Siskiyou County is in 15 the venue of the United States District Court for the Eastern District of California. Petitioner 16 is incarcerated at Ironwood State Prison, which is in the Central District. 17 Venue for a habeas action is proper in either the district of confinement or the district 18 of conviction, 28 U.S.C. § 2241(d); this district is neither. Because petitions challenging a 19 conviction are preferably heard in the district of conviction, Habeas L.R. 2254-3(a); Laue v. 20 Nelson, 279 F. Supp. 265, 266 (N.D. Cal. 1968), and petitioner was convicted in Siskiyou 21 County, this case is TRANSFERRED to the United States District Court for the Eastern 22 District of California. See 28 U.S.C. § 1406(a); Habeas L.R. 2254-3(b). 23 IT IS SO ORDERED. 24 Dated: April 30, 2012. PHYLLIS J. HAMILTON United States District Judge 25 26 27 28 G:\PRO-SE\PJH\HC.12\BERG1428.TRN.wpd

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