Cervantes v. State of California

Filing 2

ORDER TRANSFERRING CASE. Signed by Judge Jeremy Fogel on 10/25/10. (dlm, COURT STAFF) (Filed on 11/2/2010)

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Cervantes v. State of California Doc. 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOT FOR CITATION IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA ELIGIO CERVANTES, Petitioner, vs. STATE OF CALIFORNIA, Respondent. ) ) ) ) ) ) ) ) ) ) ) No. C 10-02810 JF (PR) ORDER OF TRANSFER Petitioner, a state prisoner currently incarcerated at the Coalinga State Hospital in Coalinga, California, proceeding pro se, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254, challenging his state conviction in Lassen County Superior Court. Petitioner has paid the filing fee. A state prisoner challenging the constitutionality of his state conviction may do so by filing a petition for a writ of habeas corpus under 28 U.S.C. 2254. Venue for a habeas action is proper in either the district of confinement or the district of conviction, 28 U.S.C. 2241(d); however, petitions challenging a conviction are preferably heard in the district of conviction. See Habeas L.R. 2254-3(a); Laue v. Nelson, 279 F. Supp. 265, 266 (N.D. Cal. 1968); cf. Dunne v. Henman, 875 F.2d 244, 249 (9th Cir. 1989) (district of confinement best forum to review execution of sentence). Accordingly, this case is Order of Transfer P:\PRO-SE\SJ.JF\HC.10\Cervantes02810_transfer.wpd 1 Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TRANSFERRED to the United States District Court for the Eastern District of California. See 28 U.S.C. 84(b), 1391(b), 1404(a); Habeas L.R. 2254-3(b)(1). The Clerk shall transfer the entire file to the Eastern District of California. IT IS SO ORDERED. DATED: 10/25/10 JEREMY FOGEL United States District Judge Order of Transfer P:\PRO-SE\SJ.JF\HC.10\Cervantes02810_transfer.wpd 2 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA ELIGIO CERVANTES, Petitioner, v. STATE OF CALIFORNIA, Respondent. / Case Number: CV10-02810 JF CERTIFICATE OF SERVICE I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. 11/2/10 , I SERVED a true and correct copy(ies) of the That on 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. Eligio Cervantes C0-001189-0 Coalinga State Hospital P.O. Box 5003 unit-5 Coalinga, CA 93210 Dated: 11/2/10 Richard W. Wieking, Clerk

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