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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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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No. C 12-1642 CW (PR)

JOSE MARIO GARCIA,
Petitioner,
v.
LELAND McEWEN, Warden,
Respondent.

ORDER OF TRANSFER

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United States District Court
For the Northern District of California

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Petitioner, a state prisoner incarcerated at Calipatria State

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Prison, has filed a pro se petition for a writ of habeas corpus

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pursuant to 28 U.S.C. § 2254, challenging the validity of his

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conviction, which was obtained in Madera County Superior Court.

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A federal petition for a writ of habeas corpus made by a

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person in custody under the judgment and sentence of a state court

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is properly filed in either the district of confinement or the

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district of conviction.

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where the petition is filed, however, may transfer the petition to

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the other district in the furtherance of justice.

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courts in California traditionally have chosen to hear petitions

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challenging a conviction or sentence in the district of conviction.

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See Dannenberg v. Ingle, 831 F. Supp. 767, 767 (N.D. Cal. 1993);

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Laue v. Nelson, 279 F. Supp. 265, 266 (N.D. Cal. 1968).

28 U.S.C. § 2241(d).

The district court

See id.

Federal

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Petitioner was convicted in Madera County Superior Court,

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which lies within the venue of the Eastern District of California.

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28 U.S.C. § 84(b).

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in Imperial County, which lies within the venue of the Southern

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District of California.

He is incarcerated at Calipatria State Prison,

Id. § 84(d).

Thus, jurisdiction over the

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petition exists in either the Eastern District or the Southern

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District, but not in the Northern District.

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Pursuant to 28 U.S.C. § 1406(a) and Habeas L.R. 2254-3(b), and

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in the interest of justice, the Clerk of the Court is ordered to

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TRANSFER this action forthwith to the district of conviction, i.e.,

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the United States District Court for the Eastern District of

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California.

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United States District Court
For the Northern District of California

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All remaining motions are TERMINATED on this Court's docket as
no longer pending in this Court.
IT IS SO ORDERED.

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Dated: 4/6/2012
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CLAUDIA WILKEN
UNITED STATES DISTRICT JUDGE

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