Ornelas v. Hudnall

Filing 8

ORDER OF TRANSFER. ***Civil Case Terminated.*** Signed by Judge Haywood S. Gilliam, Jr. on 7/5/2017. (Attachments: # 1 Certificate/Proof of Service)(ndrS, COURT STAFF) (Filed on 7/5/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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YVONNE ORNELAS,
Petitioner,

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United States District Court
Northern District of California

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Case No. 17-cv-02956-HSG
ORDER OF TRANSFER

v.
HUDNALL, Warden
Respondent.

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Petitioner, a state prisoner currently incarcerated at Westcare ‒ Custody to Community

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Transitional Reentry Program in San Diego, California, has filed a petition for a writ of habeas

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corpus under 28 U.S.C. § 2254. She is challenging her conviction from Kern County Superior

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Court. Petitioner is currently incarcerated in San Diego County, which lies within the venue of the

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Southern District of California, and her conviction was obtained in Kern County, which lies within

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the venue of the Eastern District of California. 28 U.S.C. § 84(b)-(d).

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Venue for a habeas action is proper in either the district of confinement or the district of

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conviction. 28 U.S.C. § 2241(d). However, federal courts in California traditionally have chosen

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to hear petitions challenging a conviction or sentence in the district of conviction. See

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Dannenberg v. Ingle, 831 F. Supp. 767, 767 (N.D. Cal. 1993); Laue v. Nelson, 279 F.Supp. 265,

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266 (N.D. Cal. 1968). Because Petitioner’s conviction was obtained in Kern County, which lies

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within the venue of the Eastern District of California, venue properly lies in that district and not in

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this one. See 28 U.S.C. § 1391(b). Accordingly, this case is TRANSFERRED to the United

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States District Court for the Eastern District of California. See 28 U.S.C. § 1406(a).

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In light of this transfer, the pending motion to proceed in forma pauperis and Petitioner’s
other pending motions are deferred to the Eastern District.

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The Clerk shall transfer the file herewith.

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IT IS SO ORDERED.

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Dated: 7/5/2017
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HAYWOOD S. GILLIAM, JR.
United States District Judge

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United States District Court
Northern District of California

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