Raynor v. People of California

Filing 4

ORDER OF TRANSFER. Signed by Judge Claudia Wilken on 5/23/2012. (Attachments: # 1 Certificate/Proof of Service)(ndr, COURT STAFF) (Filed on 5/23/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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Petitioner,

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No. C 12-2330 CW (PR)

JAMES RAYNOR,

ORDER OF TRANSFER

v.
PEOPLE OF CALIFORNIA,

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Respondent.
/

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Petitioner, a state prisoner incarcerated at Salinas Valley

United States District Court
For the Northern District of California

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

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

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his conviction.

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made by a person in custody under the judgment and sentence of a

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state court is properly filed in either the district of confinement

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or the district of conviction.

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

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petition to the other district in the furtherance of justice.

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id.

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petitions challenging a conviction or sentence in the district of

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conviction.

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Cal. 1993); Laue v. Nelson, 279 F. Supp. 265, 266 (N.D. Cal. 1968).

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A federal petition for a writ of habeas corpus

28 U.S.C. § 2241(d).

The district

See

Federal courts in California traditionally have chosen to hear

See Dannenberg v. Ingle, 831 F. Supp. 767, 767 (N.D.

Here, Petitioner was convicted in San Joaquin County Superior

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Court, which lies within the venue of the Eastern District of

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California.

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§ 1406(a) and Habeas L.R. 2254-3(b), and in the interest of

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justice, the Clerk of the Court is ordered to TRANSFER this action

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forthwith to the district of conviction, i.e., the United States

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District Court for the Eastern District of California.

28 U.S.C. § 84(b).

Accordingly, pursuant to 28 U.S.C.

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

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Dated: 5/23/2012
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CLAUDIA WILKEN
UNITED STATES DISTRICT JUDGE

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United States District Court
For the Northern District of California

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