Murillo v. Soto

Filing 6

TRANSFER ORDER. ***Civil Case Terminated.*** Signed by Judge Claudia Wilken on 9/24/2013. (Attachments: # 1 Certificate/Proof of Service)(ndr, COURT STAFF) (Filed on 9/24/2013)

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1 United States District Court 2 Northern District of California 3 4 JOSE MURILLO, Case No.: 13-03299 CW (PR) Plaintiff, 5 TRANSFER ORDER 6 7 v. J. SOTO, Warden, Defendant. 8 United States District Court Northern District of California 9 10 Petitioner, a state prisoner incarcerated at Pleasant Valley 11 State Prison (PVSP), in Coalinga, California, has filed a pro se 12 petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 13 challenging the validity of his conviction, which was obtained in 14 Fresno County Superior Court. 15 A federal petition for a writ of habeas corpus made by a 16 person in custody under the judgment and sentence of a state 17 court is properly filed in either the district of confinement or 18 the district of conviction. 19 court where the petition is filed, however, may transfer the 20 petition to the other district in the furtherance of justice. 21 See id. 22 to hear petitions challenging a conviction or sentence in the 23 district of conviction. 24 767, 767 (N.D. Cal. 1993); Laue v. Nelson, 279 F. Supp. 265, 266 25 (N.D. Cal. 1968). 26 28 U.S.C. § 2241(d). The district Federal courts in California traditionally have chosen See Dannenberg v. Ingle, 831 F. Supp. Petitioner was convicted in Fresno County Superior Court, 27 which lies within the venue of the Eastern District of 28 California. See 28 U.S.C. § 84(b). Further, he is incarcerated 1 in SVSP, also located in Fresno County. 2 the petition exists in Eastern District of California, not in the 3 Northern District. 4 Thus, jurisdiction over Pursuant to 28 U.S.C. § 1406(a) and Habeas L.R. 2254-3(b), 5 and in the interest of justice, the Clerk of the Court is ordered 6 to TRANSFER this action forthwith to the United States District 7 Court for the Eastern District of California. 8 9 United States District Court Northern District of California 10 All remaining motions are TERMINATED on this Court's docket as no longer pending in this Court. IT IS SO ORDERED. 11 12 Dated: 9/24/2013 13 ____________________________ CLAUDIA WILKEN UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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