Baker v. People of the State of California

Filing 6

ORDER OF TRANSFER***Civil Case Terminated. Signed by Judge Phyllis J. Hamilton on 6/26/13. (Attachments: # 1 Certificate/Proof of Service)(nah, COURT STAFF) (Filed on 6/26/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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NICHOLAS BAKER,
Petitioner,

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For the Northern District of California

United States District Court

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No. C 13-2724 PJH (PR)

v.

ORDER OF TRANSFER

PEOPLE OF THE STATE OF CALIFORNIA,
Respondent.
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This is a habeas case filed pro se by a state prisoner. Petitioner seeks to challenge a

14 conviction obtained in the Superior Court in and for Butte County. Butte County is in the
15 venue of the United States District Court for the Eastern District of California. Petitioner is
16 incarcerated at the California Correctional Institution, which is also in the Eastern District.
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Venue for a habeas action is proper in either the district of confinement or the district

18 of conviction, 28 U.S.C. § 2241(d); this district is neither. Because petitions challenging a
19 conviction are preferably heard in the district of conviction, Habeas L.R. 2254-3(a); Laue v.
20 Nelson, 279 F. Supp. 265, 266 (N.D. Cal. 1968), and petitioner was convicted in Butte
21 County, this case is TRANSFERRED to the United States District Court for the Eastern
22 District of California. See 28 U.S.C. § 1406(a); Habeas L.R. 2254-3(b).
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IT IS SO ORDERED.

24 Dated: June 26, 2013.
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PHYLLIS J. HAMILTON
United States District Judge