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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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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MARLON LEROY ROBERSON,
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Petitioner,
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vs.
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SACRAMENTO COUNTY SUPERIOR
COURT,
Respondent.

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No. C 12-2486 LHK (PR)
ORDER OF TRANSFER

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Petitioner, proceeding pro se, filed a petition for a writ of habeas corpus pursuant to 28

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U.S.C. § 2254. Petitioner seeks habeas relief from his underlying criminal sentence from the

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Superior Court of Sacramento County, which lies in the Eastern District of California. Venue for

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a habeas action is proper in either the district of confinement or the district of conviction, 28

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U.S.C. § 2241(d); however, petitions challenging a conviction or sentence are preferably heard

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in the district of conviction. See Habeas L.R. 2254-3(a); Laue v. Nelson, 279 F. Supp. 265, 266

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(N.D. Cal. 1968). Here, the Eastern District of California is the the district of conviction.

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

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District of California. See 28 U.S.C. § 1404(a). The Clerk shall transfer the entire file to the

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Eastern District of California.

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IT IS SO ORDERED.

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5/30/12
DATED: _______________

LUCY H. KOH
United States District Judge

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Order of Transfer
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