Herndon v. CCI et al

Filing 2

ORDER TRANSFERRING CASE TO USDC EASTERN DISTRICT OF CALIFORNIA. Signed by Judge Yvonne Gonzalez Rogers on 12/13/13. (Attachments: # 1 Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 12/13/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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GERROD L. HERNDON,
Petitioner,
CALIFORNIA CORRECTIONAL
INSTITUTION,
Respondent.

United States District Court
For the Northern District of California

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ORDER OF TRANSFER

v.

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No. C 13-05567 YGR (PR)

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In this habeas action Petitioner seeks to challenge a conviction and sentence incurred in
Solano County Superior Court. Solano County is in the venue of the United States District Court
for the Eastern District of California. Furthermore, Petitioner is incarcerated at the California
Medical Facility in Vacaville, which is also in Solano County; therefore, it is in the Eastern District.
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.
§ 1406(a).
Here, Petitioner was convicted in and is confined at a penitentiary in Solano County, which
lies within the venue of the Eastern District of California. See 28 U.S.C. § 84(b). 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 United States District Court
for the Eastern District of California.
IT IS SO ORDERED.
DATED: December 13, 2013
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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