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)

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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 11 For the Northern District of California MICHAEL JAMES MAYO, Petitioner, vs. GONZALAS, Warden, Respondent. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ) ) ) ) ) ) ) ) ) ) ) ) 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 1 2 3 4 5 6 7 8 9 10 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 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Order of Transfer P:\PRO-SE\SJ.JW\HC.10\Mayo02965_transfer.wpd 2 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

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