Mayo v. Martinez et al

Filing 7

ORDER OF TRANSFER. Accordingly, the above-titled action is hereby TRANSFERRED to the United States District Court for the Western Division of the Central District of California. The clerk shall transfer this matter and terminate all pending motions. Motions terminated: 3 MOTION for Leave to Proceed in forma pauperis filed by Michael James Mayo. Signed by Judge James Ware on 12/21/2010. (ecg, COURT STAFF) (Filed on 12/29/2010)

Mayo v. Martinez et al

Doc. 7

1 2 3 4 5 6 7 8 9 10 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

United United States District Court

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For the Northern District of California

MICHAEL JAMES MAYO, Petitioner, vs. GONZALAS, Warden, Respondent.

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No. C 10-02965 JW (PR) ORDER OF TRANSFER

Petitioner, a prisoner at the California Mens Colony State Prison in San Luis Obispo, has filed a petition for a writ of habeas corpus, challenging the forfeiture of good time credits for the possession of an inmate manufactured deadly weapon. (Pet. at 2.) Venue for a habeas action is proper in either the district of confinement or the district of conviction, 28 U.S.C. § 2241(d). If the petition is directed to the manner in which a sentence is being executed, e.g., if it involves parole or time credits claims, the district of confinement is the preferable forum. See Habeas L.R. 22543(b)(1); Dunne v. Henman, 875 F.2d 244, 249 (9th Cir. 1989). The petition indicates that petitioner in currently confined in San Luis Obispo County which lies within the venue of the Western Division of the Central District of California. See
Order of Transfer P:\PRO-SE\SJ.JW\HC.10\Mayo02965_transfer.wpd

Dockets.Justia.com

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28 U.S.C. 84(c). Accordingly, the above-titled action is hereby TRANSFERRED to the United States District Court for the Western Division of the Central District of California. See 28 U.S.C. §§ 1404(a), 2241(d); Habeas L.R. 2254-3. The clerk shall transfer this matter and terminate all pending motions.

DATED:

December 21, 2010

JAMES WARE United States District Judge

United States District Court

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For the Northern District of California

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Order of Transfer P:\PRO-SE\SJ.JW\HC.10\Mayo02965_transfer.wpd

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UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

MICHAEL JAMES MAYO, Petitioner, v. GONZALAS, Warden, Respondent. /

Case Number: CV10-02965 JW 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.
12/29/2010 , 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.

Michael James Mayo G24650 California Mens Colony State Prison Cell: 4162 P.O. Box 8101 San Luis Obispo, CA 93409-8101 Dated:
12/29/2010 /s/

Richard W. Wieking, Clerk By: Elizabeth Garcia, Deputy Clerk