Taylor v. Smith
Filing
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ORDER TRANSFERRING CASE: This action is transferred to the Eastern Division of the United States District Court for the Central District of California. The Clerk of the Court shall transfer the case forthwith. Signed by Magistrate Judge Donna M. Ryu on 3/9/17. (ig, COURT STAFF) (Filed on 3/9/2017)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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KEITH DESMOND TAYLOR,
Petitioner,
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United States District Court
Northern District of California
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Case No. 17-cv-00807-DMR (PR)
ORDER OF TRANSFER
v.
MICHAEL SMITH,
Respondent.
Petitioner, a condemned prisoner incarcerated at San Quentin State Prison, has filed this
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pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, challenging the validity
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of his conviction obtained in the San Bernardino County Superior Court. Dkt. 1. He has not filed
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an in forma pauperis application.
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On February 17, 2017, Petitioner consented to magistrate judge jurisdiction. Dkt. 2.
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A petition for a writ of habeas corpus made by a person in custody under the judgment and
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sentence of a state court of a State which contains two or more federal judicial districts may be
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filed in either the district of confinement or the district of conviction. See 28 U.S.C. § 2241(d).
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The district court where the petition is filed, however, may transfer the petition to the other district
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in the furtherance of justice. See id. Federal courts in California traditionally have chosen to hear
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petitions challenging a conviction or sentence in the district of conviction. See Dannenberg v.
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Ingle, 831 F. Supp. 767, 767 (N.D. Cal. 1993); Laue v. Nelson, 279 F. Supp. 265, 266 (N.D. Cal.
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1968). If the petition is directed to the manner in which a sentence is being executed, e.g., if it
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involves parole or time credits claims, the district of confinement is the preferable forum. See
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Habeas L.R. 2254-3(a); Dunne v. Henman, 875 F.2d 244, 249 (9th Cir. 1989).
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Here, Petitioner challenges a conviction and sentence incurred in the San Bernardino
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County Superior Court, which is within the venue of the Eastern Division of the Central District of
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California. Therefore, the United States District Court for the Eastern Division of the Central
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District of California has jurisdiction over this matter.
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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 Eastern Division of the United States District Court for the
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Central District of California. Therefore, the Clerk of the Court shall transfer the case forthwith.
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If Petitioner wishes to further pursue this action, he must complete the in forma pauperis
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application required by the Eastern Division of the United States District Court for the Central
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District of California and mail it to that district.
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IT IS SO ORDERED.
Dated: March 9, 2017
United States District Court
Northern District of California
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DONNA M. RYU
United States Magistrate Judge
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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KEITH DESMOND TAYLOR,
Case No. 4:17-cv-00807-DMR
Plaintiff,
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v.
CERTIFICATE OF SERVICE
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MICHAEL SMITH,
Defendant.
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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.
United States District Court
Northern District of California
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That on March 9, 2017, I SERVED a true and correct copy(ies) of the attached, by placing
said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by
depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery
receptacle located in the Clerk's office.
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Keith Desmond Taylor ID: H46885
San Quentin State Prison
San Quentin, CA 94974
Dated: March 9, 2017
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Susan Y. Soong
Clerk, United States District Court
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By:________________________
Ivy Lerma Garcia, Deputy Clerk to the
Honorable DONNA M. RYU
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