Ashley v. Young et al

Filing 7

ORDER TRANSFERRING CASE: This case is transferred to the United States District Court for the District of South Dakota. The Clerk of the Court shall transfer the case forthwith. Signed by Magistrate Judge Donna M. Ryu on 1/11/18. (ig, COURT STAFF) (Filed on 1/11/2018)

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
7

FRANK J. ASHLEY,
Petitioner,

8

DARIN MICHAEL YOUNG, et al.,
Respondents.

United States District Court
Northern District of California

11
12

ORDER OF TRANSFER

v.

9
10

Case No. 17-cv-07138-DMR (PR)

Petitioner, who is proceeding pro se, has filed this petition for a writ of habeas corpus

13

pursuant to 28 U.S.C. § 2254, challenging the validity of his conviction obtained in the Seventh

14

Judicial Circuit Court in Rapid City, South Dakota. Dkt. 1. Petitioner has also moved for leave to

15

proceed in forma pauperis. Dkt. 4.

16

Petitioner has also consented to magistrate judge jurisdiction in this action. Dkt. 6.

17

As mentioned above, the petition alleges that Petitioner was convicted in the Seventh

18

Judicial Circuit Court in the State of South Dakota, which is within the venue of the United States

19

District Court for the District of South Dakota. Petitioner is incarcerated at the South Dakota State

20

Penitentiary in Sioux Falls, South Dakota, which is also within the venue of the District of South

21

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

22

conviction. 28 U.S.C. § 2241(d).

23

Accordingly, this case is TRANSFERRED to the United States District Court for the

24

District of South Dakota. See 28 U.S.C. § 1404(a).1 The Clerk of the Court shall transfer the case

25

forthwith.

26
27
28

1

Venue transfer is a non-dispositive matter and, thus, it falls within the scope of the
jurisdiction of the undersigned Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(A).

1
2

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

3

This Order terminates Docket No. 4.

4

IT IS SO ORDERED.

5

Dated: January 11, 2018

6
DONNA M. RYU
United States Magistrate Judge

7
8
9
10

United States District Court
Northern District of California

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2

1

UNITED STATES DISTRICT COURT

2

NORTHERN DISTRICT OF CALIFORNIA

3
4

FRANK J. ASHLEY,

Case No. 4:17-cv-07138-DMR

Plaintiff,
5
v.

CERTIFICATE OF SERVICE

6
7

DARIN MICHAEL YOUNG, et al.,
Defendants.

8
9
10

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

11
12
13
14
15

That on January 11, 2018, 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.

16
17
18
19

Frank J. Ashley ID: 05651
P.O. Box 5911
Sioux Falls, SD 57117-5911
Dated: January 11, 2018

20
21
22

Susan Y. Soong
Clerk, United States District Court

23
24
25
26

By:________________________
Ivy Lerma Garcia, Deputy Clerk to the
Honorable DONNA M. RYU

27
28
3