Fritz v. Warden

Filing 7

ORDER TRANSFERRING CASE to US District Court Eastern District of California. Signed by Judge Yvonne Gonzalez Rogers on 2/6/17. (Attachments: # 1 Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 2/6/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JAMAL DEWAYNE FRITZ,
Petitioner,

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DANIEL PARAMO, Warden,1
Respondent.

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United States District Court
Northern District of California

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ORDER OF TRANSFER

v.

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Case No. 16-cv-07137-YGR (PR)

Petitioner, a state prisoner, has filed a pro se petition for a writ of habeas corpus. He has
filed a motion for leave to proceed in forma pauperis.
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 U.S.C.

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§ 1406(a).

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

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Superior Court, which is in the venue of the Eastern District of California. See 28 U.S.C. § 84.

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Accordingly, that is the proper venue for this action.

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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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the Clerk of the Court is ordered to TRANSFER this action forthwith to the United States District

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Court for the Eastern District of California.

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All remaining motions are TERMINATED on this Court’s docket as no longer pending in
this district.

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Daniel Paramo, the current acting warden of the prison where Petitioner is incarcerated,
has been substituted as Respondent pursuant to Rule 25(d) of the Federal Rules of Civil
Procedure.

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This Order terminates Docket No. 6.

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IT IS SO ORDERED.

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Dated: February 6, 2017

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YVONNE GONZALEZ ROGERS
United States District Judge

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United States District Court
Northern District of California

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