Garcia v. McEwen

Filing 3

ORDER OF TRANSFER. Signed by Judge Claudia Wilken on 4/6/2012. (Attachments: # 1 Certificate/Proof of Service)(ndr, COURT STAFF) (Filed on 4/6/2012)

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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 5 6 7 No. C 12-1642 CW (PR) JOSE MARIO GARCIA, Petitioner, v. LELAND McEWEN, Warden, Respondent. ORDER OF TRANSFER / 8 9 United States District Court For the Northern District of California 10 Petitioner, a state prisoner incarcerated at Calipatria State 11 Prison, has filed a pro se petition for a writ of habeas corpus 12 pursuant to 28 U.S.C. § 2254, challenging the validity of his 13 conviction, which was obtained in Madera County Superior Court. 14 A federal petition for a writ of habeas corpus made by a 15 person in custody under the judgment and sentence of a state court 16 is properly filed in either the district of confinement or the 17 district of conviction. 18 where the petition is filed, however, may transfer the petition to 19 the other district in the furtherance of justice. 20 courts in California traditionally have chosen to hear petitions 21 challenging a conviction or sentence in the district of conviction. 22 See Dannenberg v. Ingle, 831 F. Supp. 767, 767 (N.D. Cal. 1993); 23 Laue v. Nelson, 279 F. Supp. 265, 266 (N.D. Cal. 1968). 28 U.S.C. § 2241(d). The district court See id. Federal 24 Petitioner was convicted in Madera County Superior Court, 25 which lies within the venue of the Eastern District of California. 26 28 U.S.C. § 84(b). 27 in Imperial County, which lies within the venue of the Southern 28 District of California. He is incarcerated at Calipatria State Prison, Id. § 84(d). Thus, jurisdiction over the 1 petition exists in either the Eastern District or the Southern 2 District, but not in the Northern District. 3 Pursuant to 28 U.S.C. § 1406(a) and Habeas L.R. 2254-3(b), and 4 in the interest of justice, the Clerk of the Court is ordered to 5 TRANSFER this action forthwith to the district of conviction, i.e., 6 the United States District Court for the Eastern District of 7 California. 8 9 United States District Court For the Northern District of California 10 All remaining motions are TERMINATED on this Court's docket as no longer pending in this Court. IT IS SO ORDERED. 11 Dated: 4/6/2012 12 CLAUDIA WILKEN UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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