Vo v. Chappell
ORDER TRANSFERRING CASE to the Southern Division of the US District Court for the Central District of CA. Signed by Judge Yvonne Gonzalez Rogers on 2/15/13. (Attachments: # 1 Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 2/15/2013)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
No. C 12-06497 YGR (PR)
K. CHAPPELL, Warden,
United States District Court
For the Northern District of California
ORDER OF TRANSFER
Petitioner, a state prisoner, has filed a pro se petition for a writ of habeas corpus. He has
paid the $5.00 filing fee.
Federal statute allows "the Supreme Court, any justice thereof, the district courts and any
circuit judge" to grant writs of habeas corpus "within their respective jurisdictions." 28 U.S.C.
§ 2241(a). A federal petition for a writ of habeas corpus made by a person in custody under the
judgment and sentence of a state court is properly filed in either the district of confinement or the
district of conviction. Id. § 2241(d). Where a case is filed in the wrong venue, the district court has
the discretion to transfer it to the proper federal court "in the interest of justice." See 28 U.S.C.
Here, Petitioner challenges a conviction and sentence incurred in the Orange County
Superior Court, which is in the venue of the Central District of California. See 28 U.S.C. § 84.
Accordingly, that is the proper venue for this action.
Pursuant to 28 U.S.C. § 1406(a) and Habeas L.R. 2254-3(b), and in the interest of justice, the
Clerk of the Court is ordered to TRANSFER this action forthwith to the Southern Division of the
United States District Court for the Central District of California.
All remaining motions are TERMINATED on this Court's docket as no longer pending in
IT IS SO ORDERED.
DATED:February 15, 2013
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE
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