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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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 Petitioner, 5 6 No. C 12-2330 CW (PR) JAMES RAYNOR, ORDER OF TRANSFER v. PEOPLE OF CALIFORNIA, 7 Respondent. / 8 9 Petitioner, a state prisoner incarcerated at Salinas Valley United States District Court For the Northern District of California 10 State Prison, has filed a pro se petition for a writ of habeas 11 corpus pursuant to 28 U.S.C. § 2254, challenging the validity of 12 his conviction. 13 made by a person in custody under the judgment and sentence of a 14 state court is properly filed in either the district of confinement 15 or the district of conviction. 16 court where the petition is filed, however, may transfer the 17 petition to the other district in the furtherance of justice. 18 id. 19 petitions challenging a conviction or sentence in the district of 20 conviction. 21 Cal. 1993); Laue v. Nelson, 279 F. Supp. 265, 266 (N.D. Cal. 1968). 22 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 23 Court, which lies within the venue of the Eastern District of 24 California. 25 § 1406(a) and Habeas L.R. 2254-3(b), and in the interest of 26 justice, the Clerk of the Court is ordered to TRANSFER this action 27 forthwith to the district of conviction, i.e., the United States 28 District Court for the Eastern District of California. 28 U.S.C. § 84(b). Accordingly, pursuant to 28 U.S.C. 1 2 3 All pending motions are TERMINATED on this Court’s docket as no longer pending in this Court. IT IS SO ORDERED. 4 Dated: 5/23/2012 5 CLAUDIA WILKEN UNITED STATES DISTRICT JUDGE 6 7 8 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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