Gaston v. Hedgepeth

Filing 28

ORDER OF TRANSFER. Signed by Judge Lucy H. Koh on 5/30/12. (Attachments: # 1 certificate of service)(mpb, COURT STAFF) (Filed on 6/1/2012)

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1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 MARLON LEROY ROBERSON, 10 Petitioner, 11 vs. 12 13 14 SACRAMENTO COUNTY SUPERIOR COURT, Respondent. ) ) ) ) ) ) ) ) ) ) ) No. C 12-2486 LHK (PR) ORDER OF TRANSFER 15 16 Petitioner, proceeding pro se, filed a petition for a writ of habeas corpus pursuant to 28 17 U.S.C. § 2254. Petitioner seeks habeas relief from his underlying criminal sentence from the 18 Superior Court of Sacramento County, which lies in the Eastern District of California. Venue for 19 a habeas action is proper in either the district of confinement or the district of conviction, 28 20 U.S.C. § 2241(d); however, petitions challenging a conviction or sentence are preferably heard 21 in the district of conviction. See Habeas L.R. 2254-3(a); Laue v. Nelson, 279 F. Supp. 265, 266 22 (N.D. Cal. 1968). Here, the Eastern District of California is the the district of conviction. 23 Accordingly, this case is TRANSFERRED to the United States District Court for the Eastern 24 District of California. See 28 U.S.C. § 1404(a). The Clerk shall transfer the entire file to the 25 Eastern District of California. 26 IT IS SO ORDERED. 27 5/30/12 DATED: _______________ LUCY H. KOH United States District Judge 28 Order of Transfer G:\PRO-SE\SJ.LHK\HC.12\Roberson486trans.wpd

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