Nelson v. MacDonald

Filing 10

ORDER TRANSFERRING CASE TO U.S. DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA. Signed by Judge Yvonne Gonzalez Rogers on 5/6/16. (Attachments: # 1 Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 5/6/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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TRAURE Z. NELSON,
Petitioner,

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ORDER OF TRANSFER

v.

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Case No. 16-cv-01329-YGR (PR)

J. MACDONALD, Warden,
Respondent.

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On March 17, 2016, Petitioner filed the instant pro se habeas action under 28 U.S.C.

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§ 2254. Dkt. 1. However, his habeas corpus petition form was incomplete because he did not sign

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United States District Court
Northern District of California

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it.

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On the same day the action was filed, the Clerk of the Court sent a notice to Petitioner

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informing him that his action could not go forward until he signed his habeas corpus petition form.

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Dkt. 3. The Clerk also sent another notice directing Petitioner to either pay the filing fee or file a

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completed prisoner’s in forma pauperis (“IFP”) application form. Dkt. 4. The Clerk sent

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Petitioner a copy of his unsigned habeas corpus petition form and a blank IFP application form,

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and informed him that he must sign his habeas corpus petition form and return it along with a

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completed IFP application form within twenty-eight days or his action would be dismissed.

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Petitioner has since filed his signed habeas corpus petition form as well as a completed IFP

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application form along with his Certificate of Funds and his six-month prisoner trust account

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statement. Dkts. 6, 7.

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Federal statute allows “the Supreme Court, any justice thereof, the district courts and any

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circuit judge” to grant writs of habeas corpus “within their respective jurisdictions.” 28 U.S.C.

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§ 2241(a). A federal petition for a writ of habeas corpus made by a person in custody under the

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judgment and sentence of a state court is properly filed in either the district of confinement or the

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district of conviction. Id. § 2241(d). Where a case is filed in the wrong venue, the district court

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has the discretion to transfer it to the proper federal court “in the interest of justice.” See 28

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U.S.C. § 1406(a).

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Here, Petitioner challenges a conviction and sentence incurred in the Sacramento County

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Superior Court, which is within the venue of the Eastern District of California. See 28 U.S.C.

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§ 84. Because Petitioner is challenging his conviction, venue for the instant habeas action is

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proper in the district of conviction. 28 U.S.C. § 2241(d).

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Pursuant to 28 U.S.C. § 1406(a) and Habeas L.R. 2254-3(b), and in the interest of justice,

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this action is TRANSFERRED to the United States District Court for the Eastern District of

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California. The Clerk shall transfer the case forthwith.

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United States District Court
Northern District of California

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All remaining motions are TERMINATED on this Court’s docket as no longer pending in
this district
IT IS SO ORDERED.
Dated: May 6, 2016

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YVONNE GONZALEZ ROGERS
United States District Court Judge

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